Arbitrator rules against retroactive benefits cuts

Accident benefit insurers may still be responsible for the cost of rebuttal reports in relation to accidents governed by automobile policies predating Sept. 1, 2010, when legislative amendments removed the payment obligation, Toronto plaintiff’s personal injury lawyer Darcy Merkur writes in Law Times.

“In the recent case of R.J. v. Dominion of Canada General Insurance Co., Financial Services Commission of Ontario arbitrator John Wilson faced a motion for interim income replacement benefits along with a claim for the funding of a rebuttal report in relation to a catastrophic impairment claim,” writes Merkur, partner with Thomson Rogers.

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