An arbitrator for the Financial Services Commission of Ontario recently ruled against Belair Insurance Company Inc. in a claim which the carrier said fell under the minor injury guideline (MIG).
The provincial government introduced in September 2010 a $3,500 cap on payments for injuries that fall under the MIG. That cap was one of several auto insurance reforms, which also included a reduction in medical, rehabilitation and attendant care benefits in the standard auto policy for non catastrophic injuries.
Last week, FSCO arbitrator John Wilson wrote in a decision that claimants who would otherwise fall into the MIG can be treated outside of the MIG “if there is credible medical evidence that a pre-existing condition will prevent the insured person from achieving maximal recovery” from the injury.
Canadian Underwriter.ca – April 3, 2013.
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