<Consequences for defective notices under s. 38(11) of the Schedules>
-The consequences of a defective notice are stated in s. 38(11).
-Applying that section, the insurance company is prohibited from taking the position that the applicants’ impairments fall within the MIG, and obligates the insurer to pay for the treatment plans until it gives the applicants proper notice.
<Prohibition on taking MIG position under s. 38(11)1>
-S. 38(11)1 prohibits the insurer from ever taking the position that the applicants have a MIG impairment, thus potentially allowing for medical benefits above the $3,500 minor injury limit.
-S. 38(11)1 states:
If the insurer fails to give a notice in accordance with subsection (8) in connection with a treatment and assessment plan, the following rules apply:
–The insurer is prohibited from taking the position that the insured person has an impairment to which the Minor Injury Guideline applies.