“The field of insurance litigation, and accident benefits in particular, is extremely technical and requires a surgical eye for detail.”
” A specialist in this field must take on the role of a detective. Critical thinking, precision, and creativity are essential in providing our clients a robust defense”.
Damien joined Bell Temple in January 2017, and practices as an Associate in the firm’s Accident Benefits Group. He specializes in Appeals before the Licence Appeal Tribunal.
He has experience in defending claims for catastrophic impairment, requests for reconsideration, loss transfer disputes, priority disputes and other complex insurance matters.
He also has experience in defending a variety of third party claims, including motor vehicle claims, property loss, and occupier’s liability.
He has conducted examinations for discovery, mediations, pre-trials and arbitrations, and has represented his insurance clients before the Superior Court of Justice, and at the Automobile Accident Benefits Service of the Licence Appeal Tribunal.
We were successful on all issues in dispute, as well as resisting the applicant’s attempt to exclude their expert witness. This was a complex case involving a dispute over causation as the applicant was involved in two motor vehicle accidents. The insurer successfully established that the applicant did not meet the onus of showing his alleged injuries would not have arose “but for” the subject loss.
The decision reaffirms that MIG removal based on chronic pain is centered on an assessment of function, not simply mentions of pain symptoms.