A motion to add a municipality as a defendant was recently dismissed.
In Temporin v. DiVincenzo, 2012 ONSC 5213 (S.C.J.), the plaintiff was injured in a 2007 motor vehicle accident. Although the City of Burlington had been named as a third party, the plaintiff did not move to add it as a defendant until 2012. The plaintiff ordered the police report in 2007, but did not receive officer's notes as counsel had inadvertently neglected to send payment. The notes were ultimately received in 2010 when a follow up request was made. They referred to road conditions consisting of "fierce" black ice. The plaintiff argued that the two year limitation period for adding the municipality began in 2010.
Parayeski J. dismissed the motion. The failure to follow up for police notes until 2010 did not give rise to a discoverability issue. The plaintiff had not exercised reasonable diligence and even though there was no prejudice to the municipality, this did not justify it being added as a defendant post-limitation.
This decision is a good example of the maxim that limitation periods are not enacted to be ignored. The burden is on plaintiffs to act diligently to identify defendants within the appropriate limitation period.
Rabu, 10 Oktober 2012
Senin, 08 Oktober 2012
Why did my health insurance go up so much? Often, it's because you had a birthday.
We often hear from consumers who say that their rate increase was substantially higher than what we approved.
One of Washington's major health insurers, for example, recently increased its premiums for individual plans an average of 13.5 percent. The highest increase among the plans was 21.5 percent. But we subsequently heard from consumers who are seeing rate hikes of 35 percent or more.
What's going on? Birthdays.
If you had a birthday in the past year and your new age ends in a zero or a five (55, 60, etc.), then you can expect a rate increase when your individual health plan renews. This is because you moved into a higher age band. (The insurers group ages together, five years at a time.) Since medical costs tend to increase with age, your premiums tend to jump every time you move to the next five-year band.
And when an age band increase combines with an across-the-board rate increase for everyone who’s on the health plan, you get a sort of double-whammy: the total rate increase can be substantially higher than what our agency approved.
One of Washington's major health insurers, for example, recently increased its premiums for individual plans an average of 13.5 percent. The highest increase among the plans was 21.5 percent. But we subsequently heard from consumers who are seeing rate hikes of 35 percent or more.
What's going on? Birthdays.
If you had a birthday in the past year and your new age ends in a zero or a five (55, 60, etc.), then you can expect a rate increase when your individual health plan renews. This is because you moved into a higher age band. (The insurers group ages together, five years at a time.) Since medical costs tend to increase with age, your premiums tend to jump every time you move to the next five-year band.
And when an age band increase combines with an across-the-board rate increase for everyone who’s on the health plan, you get a sort of double-whammy: the total rate increase can be substantially higher than what our agency approved.
Jumat, 05 Oktober 2012
Spokane man charged for claiming repossessed truck was stolen
A Spokane man was charged today with attempted first-degree theft and insurance fraud for claiming that his Toyota Tacoma pickup truck had been stolen, when in reality it had been repossessed. In fact, the man gave the keys to the repo man and was allowed to get his stuff out of the truck before it was towed away.
Andrew James Petrie, 28, is slated for arraignment Oct. 22 in Spokane County Superior Court.
On March 1, 2012, Petrie bought a 2000 Toyota Tacoma pickup from a Spokane car dealer. He paid with a personal check for $8,280. But the check was returned; Petrie's bank account had been closed.
The dealership said it gave Petrie two chances to pay for the truck, then sent a repo man to Petrie's mother's house. Petrie came out of the house, handed over a key to the truck, and was allowed to retrieve his personal items before the truck was towed away.
About three hours later, Petrie called Safeco Insurance and said the vehicle had been stolen from a different home. He said the thief had first broken the truck's back window, trying to take the sound system out. He later said that a construction company's trailer had been attached to the truck, and was also stolen.
A Safeco investigator checked with the dealership, and with the construction company. The insurer denied the claim, and notified our Special Investigations Unit that it suspected fraud. After investigating further, our office asked the state attorney general's office to file charges.
Andrew James Petrie, 28, is slated for arraignment Oct. 22 in Spokane County Superior Court.
On March 1, 2012, Petrie bought a 2000 Toyota Tacoma pickup from a Spokane car dealer. He paid with a personal check for $8,280. But the check was returned; Petrie's bank account had been closed.
The dealership said it gave Petrie two chances to pay for the truck, then sent a repo man to Petrie's mother's house. Petrie came out of the house, handed over a key to the truck, and was allowed to retrieve his personal items before the truck was towed away.
About three hours later, Petrie called Safeco Insurance and said the vehicle had been stolen from a different home. He said the thief had first broken the truck's back window, trying to take the sound system out. He later said that a construction company's trailer had been attached to the truck, and was also stolen.
A Safeco investigator checked with the dealership, and with the construction company. The insurer denied the claim, and notified our Special Investigations Unit that it suspected fraud. After investigating further, our office asked the state attorney general's office to file charges.
Kamis, 04 Oktober 2012
Average annual premiums for health insurance
Was looking through the latest annual Kaiser Family Foundation report on health insurance premiums this morning and came across this chart. Yikes.
These are nationwide averages. The report has a number of other interesting charts and data, summarized here.
These are nationwide averages. The report has a number of other interesting charts and data, summarized here.
Rabu, 03 Oktober 2012
Election of Arbitration or Court Proceeding
Gordyukova v. Certas Direct Insurance Company, 2012 ONCA 563 (C.A.)
The subject of this appeal is s. 281.1(1) of the Insurance Act, which provides that an insured shall commence a court proceeding or arbitration within two years of the insurer's refusal to pay benefits.
The plaintiff was in a motor vehicle accident in 2001. She applied for accident benefits and a dispute arose over certain medical benefits. After mediation failed, she issued a Statement of Claim in 2002. In 2005, the insurer advised her she had exhausted her non-catastrophic limits for medical and rehabilitation benefits. Her application for a catastrophic designation was rejected so she commenced an arbitration at FSCO in 2008. Certas brought a motion to stay the arbitration on the grounds that the CAT dispute should be added to the court action. The arbitrator ruled the plaintiff could not proceed with both the court action and the arbitration, but could proceed with arbitration if she discontinued the court action. The arbitrator ruled he was not ruling on the limitation issue. The plaintiff gave notice of her intention to discontinue the court action and proceed with arbitration, and the insurer brought a motion seeking a ruling on the limitation issue. The arbitrator ruled the plaintiff could add all of the matters pending before the Superior Court to the arbitration.
Certas appealed, arguing that the plaintiff could not re-elect the method of proceeding eight years after the court action was commenced. The matter was appealed to the Director 's Delegate then the Divisional Court.
The Court of Appeal held that the arbitration should be stayed. Section 281.1(1) of the Insurance Act requires an election between a court action and an arbitration. It provides that a proceeding shall be brought within two years. The insured has the choice of forum, but cannot switch forums after the expiry of the limitation period. Since the court proceeding included a claim for "continued accident benefits", it would necessarily include a determination of the CAT issue.
The subject of this appeal is s. 281.1(1) of the Insurance Act, which provides that an insured shall commence a court proceeding or arbitration within two years of the insurer's refusal to pay benefits.
The plaintiff was in a motor vehicle accident in 2001. She applied for accident benefits and a dispute arose over certain medical benefits. After mediation failed, she issued a Statement of Claim in 2002. In 2005, the insurer advised her she had exhausted her non-catastrophic limits for medical and rehabilitation benefits. Her application for a catastrophic designation was rejected so she commenced an arbitration at FSCO in 2008. Certas brought a motion to stay the arbitration on the grounds that the CAT dispute should be added to the court action. The arbitrator ruled the plaintiff could not proceed with both the court action and the arbitration, but could proceed with arbitration if she discontinued the court action. The arbitrator ruled he was not ruling on the limitation issue. The plaintiff gave notice of her intention to discontinue the court action and proceed with arbitration, and the insurer brought a motion seeking a ruling on the limitation issue. The arbitrator ruled the plaintiff could add all of the matters pending before the Superior Court to the arbitration.
Certas appealed, arguing that the plaintiff could not re-elect the method of proceeding eight years after the court action was commenced. The matter was appealed to the Director 's Delegate then the Divisional Court.
The Court of Appeal held that the arbitration should be stayed. Section 281.1(1) of the Insurance Act requires an election between a court action and an arbitration. It provides that a proceeding shall be brought within two years. The insured has the choice of forum, but cannot switch forums after the expiry of the limitation period. Since the court proceeding included a claim for "continued accident benefits", it would necessarily include a determination of the CAT issue.
Dental insurance: Where to find it, or how to find free/low-cost care if you can't afford it
We hear from a lot of consumers who want to buy dental insurance on their own, without getting it through an employer. Many companies -- and here's a list -- sell dental insurance directly to Washington state consumers.
When we hear from people who want to buy dental insurance on their own, they often wonder whether there are any particular questions they should ask the insurance company. Here are some suggestions:
• Is your current dentist in the dental plan’s network?
• What benefits does the plan provide? (If you don’t know, ask the company for a copy of the policy. They have to give you a copy if you specifically ask.)
• Does the plan have a waiting period before it will cover pre-existing conditions? If so, how long is the waiting period?
For many people, dental insurance isn’t within their price range. Fortunately, there are a number of low-cost or no-cost dental programs, and the Department of Health has a list of those programs on its website.
When we hear from people who want to buy dental insurance on their own, they often wonder whether there are any particular questions they should ask the insurance company. Here are some suggestions:
• Is your current dentist in the dental plan’s network?
• What benefits does the plan provide? (If you don’t know, ask the company for a copy of the policy. They have to give you a copy if you specifically ask.)
• Does the plan have a waiting period before it will cover pre-existing conditions? If so, how long is the waiting period?
For many people, dental insurance isn’t within their price range. Fortunately, there are a number of low-cost or no-cost dental programs, and the Department of Health has a list of those programs on its website.
Senin, 01 Oktober 2012
I ride a motorcycle. Do I need insurance?
Motorcyles and mopeds are exempted from Washington mandatory vehicle insurance law, so no, there is no law requiring you to have coverage.
But here's why you may very well want to get it anyway: You are still liable from the state's financial responsibility law. Meaning that if you hit something/someone and it's your fault, it's your responsibility to pay for the damage. And since even a minor scrape or ding to another vehicle can cost hundreds of dollars to fix, state officials believe that many motorcycle owners in Washington voluntarily choose to carry coverage.
Also, if you financed your bike with a loan, your lender will almost certainly require coverage so the lender doesn't lose its money if the bike is wrecked/stolen/vandalized/etc.
But here's why you may very well want to get it anyway: You are still liable from the state's financial responsibility law. Meaning that if you hit something/someone and it's your fault, it's your responsibility to pay for the damage. And since even a minor scrape or ding to another vehicle can cost hundreds of dollars to fix, state officials believe that many motorcycle owners in Washington voluntarily choose to carry coverage.
Also, if you financed your bike with a loan, your lender will almost certainly require coverage so the lender doesn't lose its money if the bike is wrecked/stolen/vandalized/etc.
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