16-000063 v Dominion of Canada General Insurance Company, 2016 CanLII 67139
Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508
Toresho v. Primmum Insurance Company, 2015 ONSC 516
-Under s.35 (1) of the SABS, the Applicant was entitled to notice from the insurer to elect the benefit she wished to receive.
-The Application for Accident Benefits (OCF-1) indicated that the Applicant was unemployed, and so a Notice of Election of benefits was not required at this point.
-However, once the applicant provided the completed Disability Certificate (OCF-3) to the insurer on October 22, 2014, indicating that the Applicant was self-employed, the Applicant may have been eligible for either the NEB or IRB.
– Pursuant to s. 35(1), the insurer was supposed to give notice to the Applicant advising her that she must elect the benefit she wishes to receive.
-The adjudicator ruled the Applicant is entitled to seek both NEBs and IRBs in her Application, and can proceed to a hearing before the Tribunal.
