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D.G. v. TD Home and Auto Insurance Company (17-000608)

  • November 22, 2017

The claimant was an Ontario resident involved in an accident while traveling in Michigan. He elected to receive accident benefits pursuant to Michigan’s accident benefits regime, rather than under the SABS. The claimant initially received accident benefits through Allstate Insurance pursuant to Michigan’s accident benefits scheme. TD Insurance then accepted priority, and informed the claimant that he was not entitled to receive benefits based on the Michigan regime as it was not a signatory to Michigan’s certification list. Adjudicator Watt concluded that as TD was not a signatory to Michigan’s no-fault certification list, the claimant did not qualify as an insured in Michigan for the purposes of electing Michigan accident benefits. As the claimant was entitled only to Ontario level accident benefits and TD had paid the maximum medical and rehabilitation benefits under the SABS, the application was dismissed.

Full decision here

TGP Analysis

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  • FILED UNDER Out-of-Province Accident
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