Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
The Superior Court has upheld an arbitrator’s decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor vehicle accident with a…
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of the accident. In Matheson, the plaintiff farmer used his…
The Court of Appeal for Ontario has released a decision dealing with whether Ontario has jurisdiction over a case stemming from a motor vehicle accident in Alberta. In Tamminga v. Tamminga, an Ontario resident was injured when she fell off a…
Eight months ago, a Superior Court judge held that the equitable doctrine of laches does not apply to loss transfer claims. Three days ago, another Superior Court judge held that it does apply. And he applied it to bar a…
In a 2-1 split, the Court of Appeal for Ontario has allowed an insurer’s appeal of a priority dispute case deciding whether any insurer of any kind, or only “motor vehicle liability insurers”, are obliged to pay accident benefits pending…
The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The Personal,…
The Ontario Superior Court has released a summary judgment decision in a motor vehicle accident tort action dealing with a limitation period issue. The decision appears to be the first of its kind since the Supreme Court of Canada’s decision…
The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005. She filed…