Category: Insurance Claims

Nova Scotia Car Accident Claims – Insurance Review Recommends Improvements to NS System

by John McKiggan

The consultant hired to conduct a review of Nova Scotia’s auto insurance system has recommended improvements to help benefit consumers.

The Atlantic Provinces Trial Lawyers Association was asked to sit on the Board that reviewed the insurance legislation: McKiggan Appointed to Provincial Insurance Review Committee

My colleague Ray Wagner and I proposed a number of improvements to Nova Scotia’s insurance scheme that have been adopted and recommended to the government for implementation.

Court Orders Lawyer to Mislead Client to get Access to Facebook – Sparks v. Dubé

by John McKiggan

Defendants are becoming more and more aggressive about trying to get information from social media sites like Facebook.

In what has to be one of the most egregious invasions of privacy that I have ever seen, an insurance company in New Brunswick made an ex parte (secret) application to court requesting a judge to order a plaintiff to turn over copies of all the information contained on her social networking sites like Facebook, LinkedIn, Twitter and My Space.

The most unbelievable part of the decision is that the plaintiff’s lawyer was ordered by the judge to take part in the deception.

Insurers May Be Using Facebook to Underwrite Policies

by John McKiggan

Insurers Using Social Media

There was an interesting article in Lawyers Weekly pointing to developments in the United States where insurance companies are using information collected from public social media sites such as Facebook, My Space and Twitter to conduct risk assessments when underwriting insurance policies.

The article indicates that Canadian insurance companies are watching the developments “very closely” according to Mark Kline, a spokesman for the Insurance Bureau of Canada. According to Kline:

McKiggan Appointed to Provincial Insurance Review Committee

by John McKiggan

Nova Scotia’s NDP Government has acted on one of its campaign promises to ensure that the Province’s Insurance Act is updated.

Graham Steele, Minister responsible for the Insurance Act, has announced that former Deputy Minister Ron L’Esperance will chair a committee that will examine six areas relating to automobile insurance and recommend changes:

Section B Benefits

Space Heaters: Safety Tips to Prevent Burns Injuries and Fires

by John McKiggan

The temperature is dropping and more and more Canadians are using space heaters to keep warm.

The first house that my wife and I bought was so poorly insulated that we had an electric space heater in the bathroom so we wouldn’t freeze to death getting ready for work in the morning.
Thinking back it probably wasn’t a great idea to have an electrical appliance like that around so much water.

Since then I have seen many people who have been injured because of faulty space heaters. Or children injured because heaters were not used properly. So I thought it might be a good idea to post these safety tips.

Elderly Drivers: How old is too old?

by John McKiggan

Last week I posted about how many drivers are not aware of the dangers posed by their car’s rear blind spot. Yesterday I asked under what circumstances a persons driving privileges should be restricted.

Today I want to talk about another driver safety issue that is just starting to come to the public’s attention. But it is an issue that is going to become more important in the near future. I also want to provide some information that may help improve the safety of our roads and highways.

Why Do I Care?

NB Doctor Says “Minor Injury” Cap Definition Misleading

by John McKiggan

Pain Specialist Concerned About Minor Injury Cap

Dr. Richard Dumais is a pain specialist working at the Dr. Georges L Dumont Pain Clinic in Moncton New Brunswick. Today he voiced his concerns on the broadness of New Brunswick’s definition of a “minor injury” under the provinces car insurance laws that caps compensation for pain and suffering.

According to Dr. Dumais:

Citizens Group says N.B. Insurance Cap Unfair

by John McKiggan

Consumer’s Group Calls For Review of Minor Injury Cap

The CBC has reported that a group of concerned citizens has formed a new consumers action group calling for a review of New Brunswick’s “minor injury” cap on car accident insurance claims.

Frances McConnachie is a member of N.B. Consumers for Insurance Fairness. McConnachie was quoted as saying she received $2,500 following an accident in 2004 that has left her with back and neck problems that limit her activities and make her reliant on therapy and pain killers.

Supreme Court of Canda Refuses to Hear Appeal on N.S. Minor Injury Cap

by John McKiggan

Injured Victim’s Constitutional Appeal Fails

Today the Supreme Court of Canada refused to hear an appeal of a decision that upheld the constitutionality of Nova Scotia’s cap of $2500.00 compensation for injured car accident victims deemed to have suffered a “minor injury”.

The Applicant MacDonald was involved in a car accident in November, 2003. She suffered soft tissue injuries to her neck, shoulders and back. Her insurance company claimed that she had suffered a “minor injury” under Nova Scotia’s new auto insurance provisions and offered a settlement that included the capped amount of $2,500 for pain and suffering.

Nova Scotia’s Minor Injury Cap: NDP Makes “Minor” Improvements

by John McKiggan

Nova Scotia has a cap on the amount of compensation that innocent victims are entitled to receive when they have been injured in a car accident.

I have posted before about the unfairness of Nova Scotia’s minor injury cap. For example, see Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination

Promise to Scrap the Cap