April 29, 2014 - by Granite Global Solutions
Toronto, April 29, 2014: Adjusters and insurers are urged to be very
specific in outlining to the insured person all the reasons why Insurer
Examinations are reasonably required, or there may be serious
consequences, warns Laurie Walker of Granite Claims Solutions and Jason
Frost of Hughes Amys LLP.
Speaking at a symposium for the legal profession hosted by MDAC
(Multi Disciplinary Assessment Centre), they used as an example the
recently released Financial Services Commission of Ontario decision - Augustin v. Unifund
(FSCO A12-000452, November 13, 2013) where the arbitrator provided
penalties against the insurer as a result of a lack of reasons to
substantiate the insurer’s position.
Walker also provided sample wordings to indicate appropriate reasons to assist the insurer participants.
"This is just one of the issues that is currently being clarified by
case law," said Frost as he introduced a number of cases that are
setting precedents in the application of Bodily Injury and MIG cases.
"The insurance industry needs to improve its training and processes in
handling these claims so that they conform to the legal developments".
Source: http://www.canadianunderwriter.ca/inspress/productDetail.aspx?id=13275&er=NA
CIN is a non-profit Advocate for Insurance and Health Care Reform. Postings are cut/paste from other sources. @Cinsurancenews #rally4accidentvictims #ABPetition #CPPbacklog
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