Patrick Brown, Partner of McLeish Orlando comments on the Liberals decision to cut insurance rates. Ontario’s governing Liberals insist they can still reach their target of cutting auto insurance rates by an average of 15 per cent across the province, even though they’re only a third of the way there with just a year to go.
MISSISSAUGA – Ontario will order auto insurance companies to cut premiums by an average of eight per cent by next August, and by a total of 15 per cent within two years, Finance Minister Charles Sousa announced Friday. Continue reading →
A recent decision in Ontario will help injured cyclists obtain insurance benefits when they crash due to parked cars.
Marilena DiMarco was riding her bicycle in a town that had closed its main street for a festival. She was forced onto a sidewalk, which was partially blocked by a parked van. DiMarco tried to avoid the van, lost her balance and fell, hitting the van with her hand in the process. She was seeking auto insurance benefits to help her in her recovery. The auto insurer was denying entitlement because the crash was not connected to an automobile
In the decision DiMarco and Chubb Insurance Company, arbitrator Deborah Pressman accepted that the incident arose directly from the “use or operation” of an automobile as defined in the Insurance Act and Statutory Accident Benefits Schedule (SABS). This allowed Ms. Di Marco to claim benefits for her injuries.
Arbitrator Pressman stated “This automobile set in motion a chain of events directly resulting in Ms. DiMarco’s fall from the bicycle. There was no intervening act that caused Ms. DiMarco to fall. There were no other impediments around the automobile or near Ms. DiMarco.”
“Therefore, there was a direct and proximate cause between the ‘use or operation’ of the automobile and Ms. DiMarco’s injuries.”
Mr. Cohen suggested in his column that the changes were necessary because of “skyrocketing litigation costs” and “outrageous settlements.” Mr. Cohen presented absolutely no evidence to support these claims. If you did not read to the end, you might also have missed the fact that Mr. Cohen represents that auto industry and is the President of the Toronto Automobile Dealers Association.
In a response to Mr. Cohen, Dale Orlando wrote to the Toronto Star on behalf of the Ontario Trial Lawyers Association to defend of the rights of innocent accident victims. The full text of his response is below: Continue reading →
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