Disability Benefits Deductible from Your Claim for Lost Earnings?

British Columbia Personal Injury Law Blog, Human Body in a Lawsuit

Disability benefits through a work insurance policy for short or long term disability may not be deductible from your client’s anticipated ICBC tort award under the insurance exception. Luis v. Marchiori,2015 BCSC 1 is good law on the matter and quotes Dionne v. Romanick, 2007 BCSC 436, at paras. 113-121 as follows: “[113] The question of whether…

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Progressive Loses Subrogation in Personal Injury Claim

British Columbia Personal Injury Law Blog, Human Body in a Lawsuit, Motor Vehicle Accidents, Personal Injury Appeals

Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…

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