What is the test for a new type of non-biological impairment (NEB) under a motor vehicle accident insurance policy?
Ontario, Canada
The following excerpt is from 17-002048 v Aviva Insurance Canada, 2017 CanLII 93463 (ON LAT):
As noted by the respondent, the court has defined the standard for determining whether impairment meets the test for NEBs in Heath v. Economical Mutual Insurance[3]: it is not enough to show changes from pre- to post-accident activities; the claimant must be continuously prevented from engaging in substantially all of her pre-accident activities.
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