Partner
Alida Philbin
Education
Erin Morgan is a partner of Thomas Gold Pettingill, having joined the firm in 2016. Erin’s practice at the firm focuses on representing and defending clients in liability and statutory accident benefits claims, including priority disputes. Erin has experience representing insurers before the Licence Appeal Tribunal and Financial Services Commission of Ontario. She also has experience in plaintiff personal injury litigation, giving her a unique and well-round perspective to represent insurers in liability and accident benefits disputes.
A selection of Erin’s recent work includes:
Zhang v The Dominion of Canada General Insurance Company, 2023 CanLII 32788 (ON LAT) – Successfully defended claim for medical/rehabilitation benefits and interest.
Jeffery v Travelers Insurance Company of Canada, 2023 CanLII 1442 (ON LAT) – Successfully defended claim for IRBs and medical/rehabilitation benefits. The Adjudicator agreed with the Insurer’s interpretation of s. 5(1)(1) and 7(3) of the SABS with respect to the IRB claim and found that the claimant had not proven that the claims for medical benefits were reasonable and necessary. The Adjudicator also dismissed the claim for a Special Award.
N.S. v. The Dominion of Canada General Insurance (Travelers Insurance Canada), 2020 CanLII 27390 (ON LAT) – Successfully defended the insurer’s MIG position and denial of medical benefits.
DK v Travelers, LAT 18-011867/AABS (Adjudicator Grant, March 17, 2019) – Successfully defended the insurer’s MIG position and denial of medical benefits.
WP v Travelers, LAT 18-010458/AABS (Adjudicator Grant, October 4, 2019) – Successfully defended claim for medical/rehabilitation benefits. Adjudicator Grant agreed with insurer that the claimant’s injuries fell within the MIG
BM v Travelers, LAT 18-009669/AABS (Adjudicator Lake, August 12, 2019) – Successfully acted for insurer in precluding dispute over entitlement to Income Replacement Benefits based on the limitation period
Bronzman v Travelers, LAT 17-003671/AABS (Adjudicator Hines, April 5, 2018) – Successfully defended claim for medical/rehabilitation benefits. Adjudicator Hines agreed with insurer that the claimant’s injuries fell within the MIG.
ZH v Travelers Canada, LAT 17-005291/AABS (Adjudicator Paluch, March 14, 2018) – Preliminary hearing decision on the ability of an insurer to request s. 44 Insurer’s Examinations following receipt and review of updated medical documentation.
JN v Travelers, LAT Case 17-000889/AABS (Adjudicator Gosio, February 9, 2018) – Dispute over entitlement to pre and post-104 week IRBs and medical/rehabilitation benefits. Adjudicator Gosio adopted insurer’s argument that the “but for” causation test should apply to accident benefits disputes.
Applicant v Dominion of Canada General Insurance Company (Travelers Canada), LAT 16-004660/AABS (Adjudicator Watt, November 28, 2017) – Successfully defended claim for medical/rehabilitation benefits based on procedural deficiencies.
PJ v Continental Casualty Insurance Company, LAT 16-004272/AABS (Adjudicator Treksler, August 24, 2017) – Acted for insurer in respect of claim for medical/rehabilitation benefits.
KS v The Dominion of Canada General Insurance, LAT 16-002099/AABS (Adjudicator Treksler, August 3, 2017) – Successfully defended claim for attendant care and medical/rehabilitation benefits.
MB v The Dominion of Canada General Insurance, LAT 16-001825/AABS (Adjudicator Bickley, January 19, 2017) – Successfully obtained dismissal of application.
Sureshkumar v State Farm Automobile Insurance Co., FSCO A13-003251 (Arbitrator Gueller, October 17, 2016) – Successfully obtained dismissal of arbitration with costs.
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150 York Street, Suite 1800
Toronto, Ontario M5H 3S5
416.507.1850
© 2020 Thomas Gold Pettingill LLP