September 25, 2024

Reinventing the Wheel: New Diagnostic and Treatment Protocols to Govern...

Insurance statutes and policies provide for the resolution of claims in a multitude of ways, thus necessitating the need for insurers to identify the relationship between claims with a view to the efficient and effective resolution thereof. This article discusses the upcoming introduction of yet another means by which insurance claims may be satisfied, being […]

Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

Background After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva.  The plaintiff received these benefits for 104 weeks.  She was subsequently cleared to return to work and did so for the following 13 months, before […]

Case Law Update: Recent Key Decisions in the Atlantic Provinces

On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here

Two IMEs, one doctor: Retaining the same medical expert to...

The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.

May 25, 2018

“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of...

In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.