The License Appeal Tribunal has held that a person who tripped over stone blocks and fell into a parked Honda vehicle was involved in an “accident”, making him entitled to receive accident benefit under the Statutory Accident Benefits Schedule. In…
Read more →When is a flood a flood? In Parker Pad & Printing Ltd. v. Gore Mutual Insurance Company, the plaintiff’s premises in Haliburton, Ontario were flooded during a severe rainfall. The rainfall resulted in large pools of water collecting outside of…
Read more →The Ontario Court of Appeal has released an interesting (from an insurance perspective) decision on whether an insurer’s failure to use a prescribed form invalidates an otherwise proper agreement between an insurer and insured. In Royal & Sun Alliance v.…
Read more →I recently read a Superior Court decision about a woman who burned herself with hot coffee at a McDonald’s drive-through. Sound familiar? This case has nothing to do with the notorious hot coffee tort case in the U.S. that made…
Read more →Does an ATV become an “automobile” under Ontario insurance law if it is involved in an accident outside Ontario? In Benson v. Belair, an Ontario resident fell off the back of an All-Terrain Vehicle (ATV) in Fort Nelson, British Columbia.…
Read more →I don’t think there’s a better way to say “I love you” than to give that special someone their very own copy of Auto Insurance Coverage Law in Ontario. For those dark and lonely nights when your loved one wants…
Read more →Can the definition of “owner” under the Dog Owners’ Liability Act include someone who does not have dominion and control over the dog? The Court of Appeal for Ontario says “yes”. Take a Bite of the Dog Owners’ Liability Act By way of background,…
Read more →Another insurer has entered into Ontario’s ridesharing insurance market. Effective December 1, 2016, Northbridge Insurance provides ridesharing coverage for users of RideCo., a Waterloo Region-based ridesharing company. The new product seeks to fill existing coverage gaps under Ontario’s standard Ontario…
Read more →A FSCO arbitrator has confirmed that the first insurer that receives a completed application for accident benefits is required to adjust and pay the claim, even if the insurer is taking an off-coverage position. Overview In Cankaya v. Intact /…
Read more →The changes to the Ontario Statutory Accident Benefits Schedule introduced on June 1st, 2016, were complicated enough. Now, to make matters worse, there are mixed messages coming from the industry as to when policyholders are affected by these changes. For…
Read more →This summer, the threat of a labour stoppage at Canada Post has caused many people and institutions to reconsider just how crucial mail delivery is to their business. In the insurance industry, we have already taken great strides to minimize…
Read more →After months of uber anticipation, FSCO has approved a new fleet auto policy, from Intact, for private passenger vehicles engaged in UberX activities. The announcement comes days after Intact launched a similar product in Alberta. Background UberX is a Web-based…
Read more →Does the privacy consent on the last page of Ontario’s prescribed Application for Accident Benefits (OCF-1) form hold water? In Economical v. Fairview Assessment Centre, the insurer claimed fraud and misrepresentation against an assessment centre and various (alleged) treatment providers…
Read more →In an earlier blog, I discussed the impending changes to the Ontario automobile insurance product and the opportunity for brokers to demonstrate to their customers the value of a broker’s expert advice. There is another side to that coin. It…
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