ACCIDENT BENEFITS

accident benefitsThe Accident Benefits Group at McCague Borlack LLP is highly specialized in the defense of accident benefits claims and has extensive experience in this area. Our lawyers regularly appear before the Financial Services Commission, handling mediations and arbitrations. Our accident benefits lawyers have appeared on behalf of insurer clients at the Superior Court of Justice, the Divisional Court and the Ontario Court of Appeal. Our Accident Benefits team represents insurers in all aspects of accident benefits dispute resolution throughout the province. The firm has been a regular participant in the FSCO Bar/Dispute Resolution Group.

Our Accident Benefits Practice Group has unique expertise in the area of loss transfer and priority dispute. Our lawyers have regularly appeared before Private Arbitrators regarding disputes between insurers.

Our team of Accident Benefits litigators has established considerable precedent on behalf of their insurer clients and the insurance industry as a whole. The case law outlined below from the Courts, the Financial Services Commission and Private Arbitral decisions is intended to serve as a resource to benefit our clients.

Our Accident Benefits Lawyers have acted as legislative counsel on behalf of automobile insurers. This legislative work included approaching the Financial Services Commission of Ontario and successfully arguing for the Superintendant’s approval of Insurers’ Preferred Provider Networks (PPN’s). This permitted insurers across the Province of Ontario to arrange for a claimant to attend groups of insurer selected health care providers to deliver programs of care. Thereafter, as counsel for insurers, the best practices for Preferred Provider Networks were established to minimize insurer’s exposure to conflicts of interest and unfair and deceptive practice and act allegations. Currently, members of our Accident Benefits group serve on the Executive of the Ontario Bar Association with a member acting as Co-Chair in the Government Liaison position of the Civil Litigation Section, assisting with legislative submissions on behalf of the bar.

The Accident Benefits Group presents regular educational seminars to our accident benefits adjusters and lawyers in order to keep our clients apprised of all changes to the legislation, developments in the case law, as well as educating on best practices that will assist in their handling of claims while furthering their corporate goals. In addition, our Accident Benefits team regularly presents at both legal and insurance educational programs.

As well, our Automobile Fraud Group members have extensive experience in handling automobile fraud cases and have succeeded in proving fraud in accident benefits and tort claims. 

With offices in Toronto, Ottawa, and Kitchener and coming soon to Barrie, we are able to provide defence of accident benefits claims throughout the Province of Ontario on behalf of our insurance clients.

Chair Contacts by Region:

Toronto Office & Disputes
      between Insurers

Western Office (Kitchener)

Eastern Office (Ottawa)