<Motor Vehicle Accident with the “unidentified automobile”> The Plaintiff’s claim is that he was hit by a car while he was crossing the street. He did not ask the driver for his name or for any other information. The Economical Insurance paid his statutory accident benefits, without challenging his entitlement to them. However, the same … Read More

Test for NEBs:

Heath v. Economical Mutual Insurance Company, 2009 ONCA 391 (“Heath”) provides the framework for the Non-Earner Benefits analysis into whether the claimant (involved in MVA) suffers a complete inability to carry on a normal life. To meet the test for Non-Earner Benefits, the claimants must be continuously prevented from engaging in substantially all of their … Read More