Testing the Waters

March 31, 2016 | Ashleigh T. Leon | Guelph

Canadian Underwriter, March 2016, p. 26-28

The great debate surrounding causation in accident benefit claims continues with an arbitrator’s ruling out of Ontario. While the material contribution test may have been favoured until fairly recently, the new decision seems to support the return to the use of the “but for” test as the default in such matters.