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Two Claims, but Only One Possible Payment for Accident Benefits

Mitch Kitagawa and Christina Lachance
July 2015 Kelly Santini LLP, Ontario

The case of Toresho v Primmum Insurance Company, 2015 ONSC 516, is a summary judgment motion which involves a plaintiff who was applying for statutory accident benefits. The main issue was whether a plaintiff who elects and receives payments for income replacement benefits (“IRBs”) is eligible to later request non-earner benefits (“NEBs”).

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