Does an insured need to seek coverage through a collateral benefit provider?
Ontario, Canada
The following excerpt is from V.V. v Aviva Insurance Canada, 2019 CanLII 101706 (ON LAT):
The respondent relies on a reconsideration decision of the Tribunal in GT v. Unifund[3] in which it was determined that an insured must first seek coverage through a collateral benefit provider. The insurer must advance some evidence showing that collateral coverage is available and on doing so the onus then shifts to an insured to show there is no collateral benefits coverage available.
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