Insurance Benefit Dispute – Case Result
Insurance Company Refused To No Fault Benefits
Brad Carlson* was a young man who worked in the shipping and receiving department of a large, national delivery firm. Brad was healthy, strong and enjoying the prime of his life.
A car accident changed Brad’s life forever.
One evening, while driving home, Brad momentarily lost control of his car. The car skipped up a curb and struck a tree. Brad was thrown into the dashboard of his car. The impact broke Brad’s neck and damaged his spinal cord. The spinal cord injury rendered Brad paraplegic.
Brad lost sensation and control over the lower half of his body. Brad became dependent on family, friends and professional caregivers to perform many routine daily activities. Brad was unable to return to his work.
Brad was at fault for the car accident, so there was no one to sue. However, like every other person hurt in a car crash in Ontario, Brad had access to no-fault benefits.
Brennan Kahler helped Brad obtain from his insurer all of the treatment and goods he needed to get his life back on track.
When Brad’s insurer refused to pay his benefits, Brennan commenced an action against the insurer and compelled it to purchase a modified van and a new, accessible apartment for Brad.
Brennan then persuaded Brad’s insurer to settle his no-fault benefits in a lump sum. Once settled, Brennan arranged for Brad to meet with an investment specialist who helped Brad invest his settlement in a tax free structured annuity. Payments he receives each month from the annuity provide Brad with the freedom to decide how he wants to spend his money and the peace of mind that comes with knowing that this stream of income is guaranteed for the rest of his life.
Clients like Brad are often well advised to settle their no-fault benefits with their insurers. Settling the claim allows the injured person to decide how they want to spend their insurance funds. They no longer need to ask their insurance company for permission. Injured people who settle their accident benefits claims are also entitled to decide how to invest their insurance funds to plan for their future. Also, once the claim is settled, the injured person is never again required to comply with insurers requests for assessments.
