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),…
Read more →What happens when a Certificate of Automobile Insurance specifies that the policy includes coverages under certain endorsements, when those endorsements never make it onto the policy? The Certificate and OPCF Endorsements Ontario’s standard automobile policy (OAP1) offers a number of…
Read more →The Ontario Divisional Court has ruled that Ontario laws cannot be used to determine whether a specific vehicle needs to be insured, when an incident happens outside Ontario. Why is this Important? Automobile insurance is meant to insure automobiles and…
Read more →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…
Read more →Last month The Globe and Mail published a three part investigative series “Licensed to Bill”, describing a systemic problem with how injury claims are settled in public and private auto insurance markets in Canada. Insurers are eager for systemic change,…
Read more →The Court of Appeal for Ontario has held that a Minnesota tortfeasor with only $500,000 liability limits is an “inadequately insured motorist” under the Family Protection Endorsement (OPCF 44R) in Ontario, where the 44R limits are $1 million. In Hartley v.…
Read more →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 →In 2015, auto insurance fraud cost Ontario consumers an estimated $1.3 billion – 13% of total auto insurance premiums. This considerable cost suggests that thousands of people are committing this type of crime. How do the perpetrators commit fraud? Exaggerating…
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 →FSCO’s latest quarterly rate approval numbers have been released and at least rates are holding steady for now. However, considering the statutory accident benefit cuts that became effective on June 1, 2016, consumers are getting less coverage but payi…
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 →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 →New regulations are now in effect if you repair, tow or store vehicles in Ontario. The new regulations under the Repair and Storage Liens Act took effect on July 1, 2016. Further regulations will come into force starting January 1, 2017. The follo…
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