A woman who swerved on a bicycle to avoid a parked vehicle and injured herself was in a “motor vehicle accident,” according to an arbitrator from the Financial Services Commission of Ontario (FSCO).
In the decision DiMarco and Chubb Insurance Company, arbitrator Deborah Pressman accepted that the incident arose directly from the “use or operation” of an automobile as defined in the Insurance Act and Statutory Accident Benefits Schedule (SABS).
Marilena DiMarco was riding her bicycle in a town that had closed its main street for a festival. She was forced onto a sidewalk, which was partially blocked by a parked van. DiMarco tried to avoid the van, lost her balance and fell, hitting the van with her hand in the process.
Chubb Insurance argued that the act of parking takes the automobile out of the “use or operation” of a motor vehicle for insurance purposes. The insurer also held there were discrepancies or inconsistencies in DiMarco’s testimony.
In her decision, Pressman ruled: “in this case, Ms. DiMarco was compelled to manoeuvre on the sidewalk around a vehicle that was parked in her way.
“This automobile set in motion a chain of events directly resulting in Ms. DiMarco’s fall from the bicycle. There was no intervening act that caused Ms. DiMarco to fall. There were no other impediments around the automobile or near Ms. DiMarco.
“Therefore, there was a direct and proximate cause between the ‘use or operation’ of the automobile and Ms. DiMarco’s injuries.”
Courtesy of Canadian Underwriter
The Insurance Advisors @ Guthrie Insurance Brokers Ltd
Toronto- (416) 487-5200 – 1-888-310-SAVE (7283)
www.GuthrieInsurance.com – info@GuthrieInsurance.com
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Insurance ‘fraud follies’ for 2012
May 22, 2012
With insurance fraud in the spotlight, the Insurance Bureau of Canada (IBC) recently released its highlights of head-scratching antics by scam artists.
“There’s nothing funny about insurance fraud,” the IBC noted. “But sometimes you can’t help but laugh at some of the outrageous scams and schemes.”
Recognizing March as Fraud Awareness Month, the bureau listed four examples of fraud follies.
• Repo Man: A man reported his car had been stolen and filed a claim with the insurer, but the investigator contacted the finance company. It was repossessed and towed away due to non-payment. Claim denied.
• Oh Deer: A man told an insurance company he hit a deer and badly damaged his car. Upon questioning, he changed his story, saying it might have been a rabbit or groundhog. Or say, for example, a (presumably inanimate) fence or post. Claim denied.
• Up In Smoke: A family’s house was gutted by fire, but a neighbour recalled seeing the wife’s car pull away shortly before the smoke appeared. Two weeks earlier, the wife had checked with her insurance agent’s office to ensure the policy was up to date and paid for. Claim denied.
• The Camera Never Lies: A man claimed he was rear-ended on one of Canada’s busiest highways and filed a claim for the damage. However, the car behind him had a dashboard-mounted camera and recorded the claimant reversing the car and causing the collision. Claim denied.
Courtesy of Canadian Underwriter magazine www.canadianunderwriter.ca
Sincerely, The Insurance Advisors @ Guthrie Insurance Brokers Ltd
Toronto – (416) 487-5200 – 1-888-310-SAVE (7283)
www.GuthrieInsurance.com – info@GuthrieInsurance.com
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Coming to Ontario? Manitoba police have handed out 500 traffic violations in 2012 involving driving while using cell phones and texting
February 28, 2012
Police in Manitoba have handed out more than 500 handheld, cell phone or texting traffic violations throughout the province thus far in 2012.
Even so, Manitoba Public Insurance (MPI) cites a recent survey showing that even though drivers have been prohibited from texting and using a cell phone as of July 2010, drivers still continue to do so.
“We’re challenging Manitoba drivers to put down their hand held devices,” Ted Hlynsky, vice president of claims control and safety operations at Manitoba Public Insurance (MPI). “The statistics are eye opening”.
“A texting driver is 23 times more likely to get into a collision than the non-texting driver. Statistics from 2010 report that 38% of fatal crashes in Manitoba have distracted or careless driving as a contributing factor.”
Earlier this month, Manitoba’s public auto insurer announced it was providing $120,000 in funding to police agencies ¿ Winnipeg Police Service, RCMP and Brandon Police Service ¿ to conduct target, dedicated enforcement towards distracted drivers during February.
Sincerely,
The Insurance Advisors @ Guthrie Insurance Brokers Ltd
Toronto – (416) 487-5200 – 1-888-310-SAVE (7283)
www.GuthrieInsurance.com – info@GuthrieInsurance.com
E & O E
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