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Jan 30, 2014

The Good, The Bad and the Ugly: Pleadings in bad faith claims

Maria Capulong's article in the December 2013/January 2014 edition of The Litigator.

With the 2010 changes to the Statutory Accident Benefi ts Schedule, accident benefit claims have become seemingly less attractive for plaintiff ’s counsel. The introduction of the Minor Injury Guideline reduced medical-rehabilitation limits, the hurdle of the “incurred” defi nition, and the elimination of the “rebuttal report” have made accident benefi t claims more cumbersome with limited outcomes. Yet these changes are also opportunities for possible poor administration of accident benefit claims.

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