Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The appeal by a travel insurer ("RBC Travel") from an Order that it was solely responsible to pay medical expenses of a driver injured in an accident in the United States was allowed where it was found that the RBC Travel policy clearly indicated it was an excess insurer where other coverage existed for the same loss.

Here is a link to the decision.

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Application by Third Party Defendant Guardian Insurance Company of Canada ("Guardian") for a determination of whether it could claim credit for costs awarded to the University of Western Ontario ("UWO") as against another Third Party Defendant, was dismissed where the Court found that the costs were in respect of different time periods in the underlying action and UWO had not been over-indemnified.

Here is a link to the decision.

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The Court upheld the motion judge’s ruling that the Insurance Act did not allow an Insurer to bring an action for a declaration that the Insured had not suffered a catastrophic impairment.

Here is a link to the decision.

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The Insurer who issued an OPCF 44R Family Protection Coverage to the Insureds was required to respond to the claims of the injured passengers in a motor vehicle, despite the fact that the driver was contributorily negligent in causing injury to one of the passengers.

Here is a link to the decision.

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