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ATTENDANT CARE BENEFIT NOT LIMITED TO EXTENT OF ECONOMIC LOSS
August 12, 2013Henry v. Gore Mutual Insurance Co. [2012] O. J. No.2928
In the case of Henry v. Gore Mutual Insurance Company, Mr. Henry who was the plaintiff, suffered a catastrophic injury in a motor vehicle accident on September 28, 2010. As a result of his injuries he required attendant care. His monthly attendant care
benefit was assessed at $9,500 per month and capped at $6,000 as per the SABS.
Henry’s mother took a leave of absence from work to provide care for Henry, her son. It was agreed that Mr. Henry’s mother worked a total of 40 hours a week with a salary of approximately $2,100 per month at the time of the accident.
Gore Mutual refused to pay Henry the assessed amount of $6,000 per month as per the Form 1 assessment, which was agreed to by both parties.
Gore Mutual, agreed to indemnify show that she sustained an economic loss.
THE COURT HELD that the definition of “incurred “ expense within section 3(7)(e) of the SABS does not take into account the provider’s income loss and only considers whether or not the provider, in this case the mother, suffered an economic loss.
Justice T.Ray, held that Gore was obligated to pay $6,000.per month in Attendant Care as Mr. Henry’s mother’s economic loss was irrelevant to the calculation.The test was simply whether or not the person who provided the Attendant Care to the insured suffered an economic loss.
SIGINIFANCE:
This decision is significant to individuals who, as a result of
injuries sustained in a motor vehicle accident requires attendant care and who does not want to hire a stranger or cannot afford the professional fees of an attendant care provider to provide the care that he needs, but rather wishes to rely on family members for assistance.
As long as the family member is sustaining an economic loss, regardless of the amount of the economic loss, that person may still claim entitlement to the full assessed amount of the attendant care benefit.
ATTENDANT CARE BENEFIT NOT LIMITED TO EXTENT OF ECONOMIC LOSS
August 12, 2013Henry v. Gore Mutual Insurance Co. [2012] O. J. No.2928
In the case of Henry v. Gore Mutual Insurance Company, Mr. Henry who was the plaintiff, suffered a catastrophic injury in a motor vehicle accident on September 28, 2010. As a result of his injuries he required attendant care. His monthly attendant care
benefit was assessed at $9,500 per month and capped at $6,000 as per the SABS.
Henry’s mother took a leave of absence from work to provide care for Henry, her son. It was agreed that Mr. Henry’s mother worked a total of 40 hours a week with a salary of approximately $2,100 per month at the time of the accident.
Gore Mutual refused to pay Henry the assessed amount of $6,000 per month as per the Form 1 assessment, which was agreed to by both parties.
Gore Mutual, agreed to indemnify show that she sustained an economic loss.
THE COURT HELD that the definition of “incurred “ expense within section 3(7)(e) of the SABS does not take into account the provider’s income loss and only considers whether or not the provider, in this case the mother, suffered an economic loss.
Justice T.Ray, held that Gore was obligated to pay $6,000.per month in Attendant Care as Mr. Henry’s mother’s economic loss was irrelevant to the calculation.The test was simply whether or not the person who provided the Attendant Care to the insured suffered an economic loss.
SIGINIFANCE:
This decision is significant to individuals who, as a result of
injuries sustained in a motor vehicle accident requires attendant care and who does not want to hire a stranger or cannot afford the professional fees of an attendant care provider to provide the care that he needs, but rather wishes to rely on family members for assistance.
As long as the family member is sustaining an economic loss, regardless of the amount of the economic loss, that person may still claim entitlement to the full assessed amount of the attendant care benefit.
