What is the impact of saying "go without saying" in an accident benefits application?
Ontario, Canada
The following excerpt is from Yifru v. Certas Direct Insurance Company, 2010 ONSC 2109 (CanLII):
Second, saying aspects of the process “go without saying” flies in the face of the consumer protection policy that underlies the rather complex and ever evolving statutory accident benefits scheme in Ontario. That way of thinking is also at odds with the words and spirit of Smith v. Co-operators which makes it clear that unless the specified basic information is provided to the consumer in the insurer’s denial of benefits, then a valid refusal cannot be said to have been given.
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