ARTICLES AND PRESENTATIONS
Update Regarding COVID-19
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We hope this message finds you and yours well in these challenging times surrounding the spread of the CoVID-19 virus.
Kadey Schultz, Lexpert Zenith Mid-Career Excellence Award Winner!
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Kadey was recognized once again by Lexpert with the Zenith Mid-Career Excellence Award.
Law Times Article: Insurance Defence Boutiques Have Flexibility in Approach
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Kadey B.J. Schultz and Jason Frost present their views on the evolving role of insurance defence litigation firms and how Schultz Frost LLP plays a unique, consultative role, partnering with clients to manage risk and reduce reliance on outside counsel.
Presentation: Before the Changes Come - The Top Ten AB Cases of 2015
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What you need to know about the latest developments in Accident Benefits!
Get up to speed on changes regarding:
- The ability of insurers to conduct EUOs
- Why catastrophic impairment is NOT a benefit (and the implications)
- Limitation periods
- Interest on retroactive attendant care benefits
- Loss transfer in chain reaction collisions
Get up to speed on changes regarding:
- The ability of insurers to conduct EUOs
- Why catastrophic impairment is NOT a benefit (and the implications)
- Limitation periods
- Interest on retroactive attendant care benefits
- Loss transfer in chain reaction collisions
Presentation: Cyber Risk in Canada -- What to Watch Out for and How to Be Prepared
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This dynamic OBA Institute presentation focuses on Cyber Risk, Privacy Laws, New IIROC Best Practices and Must-Do's for law firm security in 2016.
Kadey Schultz Receives Multiple Top Lawyer Awards
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In recognition of her leadership, professional achievement, teamwork and business acumen, Kadey Schultz was recognized by Lexpert with the 2015 Leading Lawyers under 40 Award and Canada's Leading Litigation Lawyers Award.
ONCA Confirms Absurdity of Superior Court's Rule 9 Interpretation
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With a unanimous 3-0 decision, the Court of Appeal confirms that heavy commercial vehicle insurers only pay loss transfer to insurers of vehicles with which they actually collide under Rules 9 and 11 of the Fault Determination Rules.
Investigators Trawl Social Media to Catch Fraud
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It starts like any love story: twenty-something girl meets car. Girl and car get into a crash. Girl files a catastrophic injury claim with her insurance company. Then girl goes off the grid.
Phish Tales
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Cyber criminals have perpetrated - and continue to perpetrate - on banks around the world a spin on the classic bait-and-switch manoeuvre. The new form of phishing has already proved very costly and should serve as a caution that all industries, not just financial institutions, need to develop cyber resilience to avoid getting hooked in.
Attendant Care Benefits: The Use of Statutory Declarations and Examinations Under Oath in Establishing Claims
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Statutory Declarations and Examinations Under Oath are used effectively as a sword or shield to advance or to investigate claims for attendant care benefits.
Moving Target
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Cyber risk is evolving. Despite recent high-profile attacks meant to disparage, disrupt and produce fear, though, a true picture of cyber risk involves far more than intended events. Risk managers must, first, accept the breathtaking breadth of the risk and, second, be ready to absorb information that will help them to set an accurate sight on what is (and will continue to be) a moving target.
10 Decisions that will Impact your Motor Vehicle Litigation Practice
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The essential insurance law update from the OBA Institute's 2015 CPD Seminar on February 4, 2015, featuring important cases dealing with priority, deflection, loss transfer, attendant care benefits, interest, threshold, and more.
In Dispute
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A growing body of case law suggests that insurers should reconsider their approach to loss transfer and priority indemnification requests.
Game Changer
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Will recommendations contained in the Ontario Automobile Insurance Anti-Fraud Task Force report be a game changer, addressing what has become an increasingly organized and expensive problem? Or could implementation and timing issues threaten to alter the carefully plotted road map for improving the system?
Denial, Deflection and Duty to Pay
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A decision by Ontario's Superior Court of Justice highlights the need for an insurer to respond to a completed Application for Accident Benefits whether or not a nexus exists between the insurer and the claimant.
In 2015, the Supreme Court of Canada affirmed this decision and this article's commentary by affirming Juriansz J.A.'s insightful dissent from the Court of Appeal decision of the same name.
In 2015, the Supreme Court of Canada affirmed this decision and this article's commentary by affirming Juriansz J.A.'s insightful dissent from the Court of Appeal decision of the same name.
Managing Auto Fraud
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Kadey B.J. Schultz and Chris Rain, Arch Insurance Vice President of Claims, consider how to apply risk management principles to prevent auto insurance fraud.
Access to Private Facebook Pages a Question of Logistics, Not Privacy
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Defence counsel's use of private Facebook pages in litigation is not an issue of breaching the plaintiff's privacy so much as it's an issue of logistics and the timing associated with accessing information on private pages.
Litigation Looms Over Minor Injury Cases
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Many insurance industry professionals are predicting a deluge of litigation over the many uncertainties associated with the application of the minor injury guidelines.
The Era of Active Communication
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Ontario's auto reforms highlight the importance of documenting all communications with consumers - even if those communications prove to be entirely one-sided.
Falling Under
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While more than 50 per cent of all claims in Ontario are currently falling under the MIG, this could have serious cost ramifications in future if case law does not favour insurers who are applying the MIG prior to the renewal date.
More than 50% of all AB Claims Falling Under the MIG
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The issue is not how many claims fall into the MIG at the outset, but how many stay in the MIG, which will only be borne out by time and the development of case law.
Language Divide
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A government blue-ribbon panel of medical experts has produced a proposed new draft of Ontario's catastrophic impairment definition, including a welcomed "line in the sand" against combining physical and psychological impairments to determine whole person impairment. But how will the medical terminology in the new definition be translated into the language of case law?
Hitting the Mark Aiming for Successful SABS & MIG Outcomes
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The more things change, the more they stay the same. Slightly more than six months after the rollout of the revamped Statutory Accident Benefits Schedule (SABS), including the implementation of the Minor Injury Guideline (MIG), health care providers have raised concerns about decisions adjusters are making with respect to a claimant's health. Conversely, adjusters are raising concerns about health care providers' treatment requests made on behalf of claimants.
Best Practices Help to Avoid Special Arbitration Awards When No Benefits are in Dispute
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A recent Financial Services Commission of Ontario (FSCO) decision - which granted a special award when there were no benefits in dispute - should prompt adjusters to follow a set of best practices to avoid a similar decision in the future.
Loosening the Cap
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When the Financial Services Commission of Ontario (FSCO) placed a $2,000 limit on AB assessments under its Minor Injury Guideline (MIG) in September 2010, it intended to restrict a ballooning area of expense for insurers. But now, four months into the reforms, a debate has opened about whether the restriction is in fact too tight.
Ontario's $2,000 Cap on AB Assessments Could be Vulnerable to Charter Challenge: AB seminar panelist
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By including a health practitioner's travel and translation costs within a $2,000 limit on auto insurance accident benefits assessments, the new Ontario auto insurance reforms may be heading down the highway towards a Charter challenge.
Defining Minor Injury
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While the insurance industry is hopeful the new Minor Injury Guideline (MIG) will successfully curb claims costs, there is an underlying current of fear that perceived loopholes in the MIG might thwart its effectiveness.
A $25,000 Question?
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An award of aggravated damages for mental distress exceeding the value of the benefits in dispute.
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