Loss Transfer and
We act quickly given the short limitation periods in priority disputes. We conduct Examinations Under Oath as an integral part of our litigation strategy.
Selection of cases with successful results for our clients
Reducing Comprehensive Coverage: Allstate v. State Farm, February 22, 2018, Arbitrator G. Jones – Frank Benedetto advanced this arbitration on behalf of Allstate. The Arbitrator found that our client not to be in priority to pay the accident benefits claim. The Arbitrator agreed with Frank’s argument and found that the other insurer’s “liability policy was not properly reduced to comprehensive coverage prior to the accident.”
Rolling Limitation Period: Markel v. ING; Federation v. Kingsway 109 O.R. (3d) 652 2012 ONCA 218 – Frank Benedetto successfully argued a limitation defence on behalf of Kingsway in this loss transfer case.
Fault Determination Rules: Primmum v. Allstate, September 15, 2004, Arbitrator G. Jones – Catherine Zingg successfully defended this loss transfer case against Allstate. Her argument that the ordinary rules of law applied rather than the Fault Determination Rules was accepted. The Arbitrator found that Allstate’s insured was put in an emergency situation when an SUV ran a red light and the Allstate driver was not at fault in the ensuing collision with a motorcycle.