On March 22, 2011, FSCO quietly released P&C Bulletin No. A-02/11, called "Insurer Rights and Responsibilities to Challenge Questionable or Abusive Claims". The Guideline states that FSCO is trying to identify and respond to actions that are inconsistent with the recent auto reforms of September 1, 2010. Apparently FSCO is also "aware that a small group of service providers and representatives continue to abuse the system."
Some of the issues include treatment providers…Continue
At a tort discovery, the plaintiff sought particulars of information contained in a signed statement the defendant gave to his insurer. The defendant refused on the basis of litigation privilege. The plaintiff brought a motion seeking an answer to the request for information. The Master denied the request on the basis of litigation privilege. On appeal, the motion judge referred to various cases as authority for the principle that questions on discovery seeking the facts of a party’s case do…Continue