A couple of posts ago (Why ‘just-in-time’ insurance would be a non-starter) I answered a question that I get asked at least a few times a year: ‘Why not allow consumers to purchase insurance just before a foreseeable loss is…
Read more →When sanitary sewers back up into basements, the knee-jerk reaction by homeowners (and many insurers) is to blame the state of the local public infrastructure. Homeowners will almost always point the finger at their local government, even before they know…
Read more →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…
Read more →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…
Read more →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…
Read more →Professional athletes recently demonstrated their highly-publicized talents in the Super Bowl, an annual event that prompts celebrations throughout the United States and Canada. Although not nearly as well publicized, the Canadian property and casualty industry is also filled with many…
Read more →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…
Read more →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…
Read more →The promise to reduce auto insurance premiums by 15% is a failure. In August 2013 the Ontario government announced a two-year rate reduction strategy. What has ensued since that announcement has been a series of reforms to bring down the cost of …
Read more →A recent article published in The Guardian about flood governance in the UK got me thinking about the issue here at home. And while I wouldn’t go as far as that article and call the oversight and management of flood…
Read more →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…
Read more →The results of a survey released by Kanetix.ca last week revealed that one in four Canadians are ready and cannot wait for the arrival of the driverless car. In addition, Canadians felt that driverless cars would improve safety and greatly…
Read more →Ontario consumers and insurers have had many long-standing complaints about the practices of towing operators. Back in 2012, the Auto Insurance Anti-FraudTask Force, created by the Minister of Finance, recommended a number of changes regarding th…
Read more →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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