Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
The Supreme Court of Canada has dismissed the applications for leave to appeal from Lombard/Zurich in the “loss transfer laches” cases. Both insurers were trying to seek leave from the Court of Appeal of Ontario’s decision in November 2015, which…
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The Court of Appeal for Ontario has released an interesting decision concerning whether a plaintiff must exercise due diligence to discover a claim to avoid having it dismissed as time-barred. In Fennell v. Deol, the plaintiff was involved in a…
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The Ontario Superior Court has held that an “excluded driver” under an auto policy is not a “listed driver” under the policy for the purpose of receiving accident benefits under the policy. In Dominion v. State Farm, the claimant was…
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The Ontario Superior Court has released its first-ever decision on whether the notorious OPCF 16 (Suspension of Coverage) endorsement form is mandatory when an insured wishes to remove road coverage from their policy. Why would an insured want to remove their road…
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The Financial Services Commission of Ontario has approved Aviva’s plans to offer a product for ride-sharing services like uberX. Aviva’s coverage will be available for drivers licensed for at least six years. Drivers can spend up to 20 hours a…
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A Superior Court judge has held that an accident victim, who was unlawfully in Canada at the time of the accident, was not a person who “ordinarily resides” in Ontario. In Silva v John Doe, the plaintiff arrived in Canada…
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A Superior Court judge has held (finally) that the $2,000 loss transfer deductible is applied per claimant. Ontario’s loss transfer scheme is found in section 275 of the Insurance Act. Section 275 (1) allows the insurer paying accident benefits to…
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A Superior Court judge has ruled that an identified automobile cannot become unidentified for the purpose of claiming unidentified motorist coverage. In Lambert v Khan, the plaintiff claimed to have suffered very severe and long-lasting whiplash-type injuries in a low…
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My recent article in the January 2016 K-W OIAA Bulletin As we look forward to a new year of insurance law excitement, let us reflect on some of the interesting cases and legal developments that impacted the auto insurance industry…
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Who would have thought a year ago that the Ontario Superior Court would have released five decisions in 2015 dealing with prejudgment interest/deductible issues in motor vehicle accident tort cases? My associate Alexandra Wilkins has been keeping track of this issue…
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A November 30, 2015 Law Times article titled “Arbitrator orders rare special award against insurer” reports on an unusual FSCO case between Thomas Waldock and his auto insurer. The case not only highlights the constant risks associated with relying on insurer…
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The Ontario Court of Appeal has released a long-awaited decision on whether the equitable doctrine of laches applies to loss transfer matters. The Court held that there is no laches in loss transfer. The doctrine of laches issue arises when…
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The preliminary report by Panel reviewing the mandate of the Financial Services Commission of Ontario (FSCO) and the Deposit Insurance Corporation of Ontario (DICO) has been made public by the Ministry of Finance. Panel members are George Cooke, …
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It is fair to say that the profitability of many Canadian insurers is largely influenced by their Ontario automobile results. With this in mind, the industry may be in for a rough ride. Ontario automobile, so often the Canadian property…
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