Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? In Ontario (Minister of Finance) v. Traders General Insurance Co. (c.o.b. Aviva Traders),…
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Is a school bus company making a bus available for an employee driver’s regular use “at the time of the accident”, if she is not allowed to use the bus at the time of an accident? In TD Insurance v. Dominion,…
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As Ontario’s auto insurance industry was waiting anxiously, the Court of Appeal for Ontario released an interesting decision on priority dispute notices to claimants. In Dominion v. Unifund, an accident benefits claimant was not notified of the priority dispute between…
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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.…
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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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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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A FSCO arbitrator has ruled that a child who fell off a fire truck at a birthday party was not involved in an automobile “accident”. In Carr v. TD, the five-year-old claimant was attending a birthday party for a classmate…
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Published in the K-W OIAA September 2015 Bulletin by Dan Strigberger On August 26, 2015, the Ontario Legislature filed Bill 251/15, which amends the Statutory Accident Benefits Schedule in a number of remarkable ways. For the most part, the amendments…
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The Ontario government continues to implement auto insurance announced in the 2015 Ontario Budget. More regulatory changes are expected in the fall.Ontario Regulation 664 Regulation 664 has been amended to require that all insurers offer a d…
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The Ontario Divisional Court has allowed an insurer’s appeal in a case deciding when interest begins to run on attendant care benefits that are found to be owing under the SABS. In Grigoroff v Wawanesa, the plaintiff was involved in…
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In Morgan v. Saquing, 2015 ONSC 2647, a comprehensive 60-page decision released on June 4th, 2015, Ontario Superior Court Justice Glustein found the plaintiff, inter alia, failed to meet the Ontario Insurance Act automobile claims “threshold”. His Honour held that…
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