Written by Peter Pietraszek.
Are transitional policy caregiver and housekeeping claims required to comply with the new incurred expense requirements introduced by the Statutory Accident Benefits Schedule – Effective September 1, 2010?
Excellence in Litigation
Written by Peter Pietraszek.
Are transitional policy caregiver and housekeeping claims required to comply with the new incurred expense requirements introduced by the Statutory Accident Benefits Schedule – Effective September 1, 2010?
Written by Peter Pietraszek.
In Aidoo and Security National, A13-001238, September 26, 2014, despite the lack of documentary evidence, Arbitrator Alan G. Smith accepted the Applicant’s sister’s evidence as credible and found that the service provider sustained an economic loss.
Written by Peter Pietraszek.
Under pre-September 2010 SABS, family members and friends are entitled to be compensated for their assistance with housekeeping, caregiving and/or attendant care. Further, if a benefit is found to be reasonable and necessary, it is “incurred”, even if the insured had not actually paid for the service, and whether they promised to or not. An expense is incurred when the necessity of and quantum of the expense is known with certainty.
Written by Christopher Whibbs.
On April 14, 2014, FSCO released a new arbitration decision, Guo and State Farm Mutual Automobile Insurance Company, A12-005562, which elaborates on what will be considered an “economic loss” under the SABS.
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