LAT Satisfaction

This recent and affirming LAT decision finding $8 K in costs for the claimant related concludes with a statement that we hope insurers take to heart:

“ since [the claimant] demonstrated that she was trying to cooperate with the [insurer’s] request, [Security National] should have showed more leniency rather than automatically holding her in non-compliance.”

If only that stance were not so commonplace….

Auto insurer hit with $8K cost award for not replying to insured’s correspondence

May 3, 2021   by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has ordered a cost award of $8,598.95 against Security Na

tional Insurance Company for failing to confirm receipt of an auto accident victim’s disability certificate and then not replying to her follow-up correspondence for more than a year.

“The [auto insurance] applicant is a vulnerable individual because she was injured in an accident,” LAT adjudicator Rebecca Hines wrote in A.J. v. Security National Insurance Co., released Apr. 30. “I am not commenting on whether she met the test for entitlement to NEBs [non-earner benefits] when the updated OCF-3 [disability certificate] was submitted, as no evidence is before me to confirm same.

“However, the OCF-3, which the [insurer] ignored, supported that she suffered a complete inability to carry on a normal life, which is a serious impairment. The [insurer] should have taken the OCF-3 more seriously and had a duty to respond promptly.”

Read the full article at the link below:

Auto insurer hit with $8K cost award for not replying to insured’s correspondence