Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. No. 3509, illustrates the importance of the policy language used. Ontario Superior Court Justice Koke summarily dismissed this action against both the insurer and insurance broker arising from an insurance coverage claim…
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The Ontario Budget presented on July 14, 2014 will have little effect on car insurance. The Liberal Party had stated last year that insurance rates must be reduced by 15% but did not indicate how this would be accomplished. They…
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On July 11th, 2014, the Ontario Court of Appeal in O’Byrne v. Farmers’ Mutual Insurance Company (Lindsay), dismissed the appeal from the insured’s claim for coverage for fuel oil contamination under an “all-risks” insurance policy. The decision is of interest because of …
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In Amello v. Bluewave Energy Limited Partnership, 2014 ONSC 4040, Ontario Superior Court Justice Perell dealt with a number of issues including, of most interest, a party’s obligation to pay defence costs when it has agreed to include another party as an…
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A recent FSCO arbitration case (by an ADR Chambers arbitrator), Lo-Papa and Certas Direct, determined that the existence of anxiety and depression following an accident does not necessarily exclude one from the minor injury definition or the $3,500 tre…
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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…
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A surprise majority for the Liberals in the recent election is expected to set a different tone in Queen’s Park after almost 3 years of minority government. A minority government is all about survival, there is no long-term planning. The Liberals…
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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…
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On July 1, 2014, the first phase of a federal law called Canada’s Anti-Spam Legislation (CASL) comes into force. Intended to protect consumers from unwanted electronic commercial solicitation in their email inboxes, social media feeds and instant messaging accounts, CASL…
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When an insurer denies coverage to its insured, and the insured elects not to contest the denial, does this mean that others involved in the action cannot test the denial of coverage? Can a co-defendant (particularly an uninsured carrier in…
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The licensing process for auto insurance service providers, first recommended by the Auto Insurance Anti-Fraud Task Force in 2012, has officially begun. As if June 1, the application process was opened up by FSCO. Service providers must be …
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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…
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The policy platforms for the major parties in the Ontario provincial elections are out. Here is what you can expect from each of the parties with respect to auto insurance if they should win the election.
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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…
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