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 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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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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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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A five-member panel of the Court of Appeal for Ontario has released a new decision dealing with out-of-province accidents and conflict of laws issues. In Forsythe v. Westfall, the claimant appellant was an Ontario resident who was insured under an…
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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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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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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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Joseph Campisi, a Toronto area personal injury laywer has launched a constitutional challenge to Bill 15.
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I noticed an interesting section at the end of a recent bulletin issued by FSCO regarding recent regulation changes that I reviewed in a recent post. Thrown in with the announcement of regulatory changes is a discussion on mileage expenses by health care providers.
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Changes will always take place in any industry, but changes in Ontario auto insurance have not solved problems – instead they have created them.
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