Category: Injury Cap

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NB group recommends minor injury cap be raised to at least $4000

Working group also recommends replacing current definition of “minor personal injury”

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AXA UK bans referral fees from personal injury lawyers

Voluntary ban on referral fees highlights the impact that “compensation culture” has had on auto insurance premiums

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IBC proposes changes to NB minor injury cap

New Brunswick’s Auto Insurance Working Group reviewing the $2,500 cap on pain and suffering awards and the legal definition of “minor personal injury”

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NB group to review $2,500 injury cap

New Brunswick’s Justice and Consumer Affairs Minister Marie-Claude Blais has named the group that will review the existing cap and definition covering soft tissue automobile injuries in the province. “We want to make sure the system treats victims of automobile injuries fairly, while at the same time ensuring that auto insurance remains accessible and affordable [...]

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NS injury cap increase will raise third party liability-bodily injury claims cost by 17%

The Nova Scotia Utility and Review Board has found that the province’s tripling of the minor injury cap from $2,500 to $7,500 will result in a 17 percent increase in third party liability-bodily injury (TPL-BI) claims costs. The Board made the finding after a hearing of the cap’s effect on the auto insurance industry in [...]

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Auto insurance review follows injury cap review in Nova Scotia

On November 30, the Nova Scotia government announced that it will conduct an independent review of the automobile insurance system. “The standard auto insurance policy has not been reviewed for many years,” said Graham Steele, Minister for the Insurance Act, in a statement. “As we promised, we are going to make sure the auto insurance [...]

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New N.B. premier follows through on promise to review $2,500 injury cap

New Brunswick’s new Conservative government is taking a promised second look at the province’s $2,500 cap on soft-tissue awards for accident victims. Premier David Alward has ordered a working group to ensure that current legislation governing awards to those hurt in traffic accidents “is fair and reasonable. He says the goal is to ensure the [...]

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New Brunswick NDP would triple auto insurance cap

New Brunswick NDP leader Roger Duguay said that, if elected, the party would triple the provincial cap on minor injury compensation to $7,500. In a statement on his website, Duguay said The Bernard Lord-era decision to cap compensation for accident victims at $2,500 has been a disaster for middle class New Brunswickers that have experienced [...]

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New Brunswick group seeks review of cap on insurance awards for minor injuries

A citizens group in New Brunswick is calling for a review of the province’s $2,500 cap on insurance awards for those who suffer minor injuries in automobile accidents. Frances McConnachie of Consumers for Insurance Fairness says the cap has been unfairly applied to people who have been in a coma, had broken bones, or who [...]

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Supreme Court dismisses NS injury cap appeal

The Supreme Court of Canada has dismissed leave to appeal a December 2009 decision by the Nova Scotia Court of Appeal which confirmed the constitutionality of the province’s minor injury cap. In April, Nova Scotia Finance Minister Graham Steele announced that the cap would be tripled -  from $2,500 to $7,500. (See the ILSTV news [...]

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N.S.: cost implications of injury cap changes

Oliver Wyman was contracted by the Superintendent of Insurance for the Province of Nova Scotia to provide actuarial services in regards to possible changes to the Minor Injury Regulations (MIR) that became effective on November 1, 2003 under the "Automobile Insurance Tort Recovery Limitation Regulations." The firm found the following: • The enactment of the [...]

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Results of NS injury cap discussion paper

In response to concerns about fairness, the government of Nova Scotia undertook a review of the existing minor injury cap on pain and suffering awards for injuries resulting from automobile accidents. The purpose of the review was to develop and analyze alternatives to the cap and assess the fairness of compensation while ensuring that premiums [...]

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N.B.: study needed before any change in injury cap

New Brunswick’s Justice Minister says he wants to look at the facts before deciding whether to follow Nova Scotia’s lead and increase the limit for insurance payouts on minor injuries. Kelly Lamrock says he doesn’t want to do anything that could result in insurance companies hiking rates or denying service. Nova Scotia’s NDP government has [...]

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IBC responds to increased injury cap limit in NS

IBC has responded to the increase in the cap for minor injuries that was announced in Nova Scotia on April 28. IBC said auto insurance changes announced by the government will add to claims costs, but the effect on premiums won’t be known for some time until consumers and the insurance industry have had time [...]

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N.S. triples minor injury cap limit

Nova Scotia is tripling the amount of money that people who suffer whiplash and other minor injuries in motor vehicle crashes can receive from insurance companies. On April 28, Finance Minister Graham Steele announced that the cap for minor injuries will go from $2,500 to $7,500 and that the Insurance Act will be changed to [...]

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N.S. injury cap: submission from IBANS

Many people and organizations have made submissions to the Superintendent of Insurance as part of the Nova Scotia government’s Minor Injury Cap Review process. According to its submission, the Insurance Brokers Association of Nova Scotia (IBANS) says the minor injury cap has “not been an issue for the vast majority of consumers, even consumers who [...]

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N.S. injury cap: submission from CBA

Many people and organizations have made submissions to the Superintendent of Insurance as part of the Nova Scotia government’s Minor Injury Cap Review process. The Nova Scotia branch of the Canadian Bar Association has made its submission to the Superintendent of Insurance. In it, the CBA says “The right of an individual to recover general [...]

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N.S. injury cap: submission from Richard Halpern

View the video here on your mobile device. Many people and organizations have made submissions to the Superintendent of Insurance as part of the Nova Scotia government’s Minor Injury Cap Review process. Ontario lawyer Richard Halpern has made his submission. Halpern states that he has been very involved in auto insurance reform in Ontario for [...]

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N.S. injury cap: APTLA submission

View the video here on your mobile device. Many organizations have made submissions to the Superintendent of Insurance as part of the Nova Scotia government’s Minor Injury Cap Review process. The Atlantic Provinces Trial Lawyers Association – APTLA – have made their submission, stating that it believes that “no cap should be placed on pain [...]

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