Insurers in Ontario are not required to advise their insureds of the applicable limitation period when denying or discontinuing insurance benefits

Insurers in Ontario are not required to advise their insureds of the applicable limitation period when denying or discontinuing insurance benefits. Appeals – Accident and sickness insurance – Total disability; Policies and insurance contracts – Limitation of actions – Running of limitation period – Statutory provisions – Good faith – Summary judgment; Insured – Rights ...

ONSC dismisses constitutional challenge – Sections 267.5(1) and 280 of the Insurance Act do not violate the Canadian Charter of Rights and Freedoms

Sections 267.5(1) and 280 of the Insurance Act, R.S.O. 1990, c. I.8, do not violate sections 15 and 7 of the Canadian Charter of Rights and Freedoms. Automobile insurance – Statutory provisions; Interpretation of legislation – Constitutional issues; Charter of Rights Campisi v. Ontario (Attorney General), [2017] O.J. No. 2777, 2017 ONSC 2884, Ontario Superior Court of Justice, May 31, 2017, E.P. Belobaba ...

Co-insured’s misrepresentations did not affect an innocent co-insured’s ability to claim under the policy

A misrepresentation by one co‑insured under s.554 of the Insurance Act, RSA 2000, c I‑3, does not affect an innocent co-insured’s interests because the statutory condition does not contain express language indicating misrepresentations by one insured will invalidate the policy as against an innocent co-insured. Haraba v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 274, ...

Ontario court finds insurance contract “read as a whole” provides for alternative methods of proceeding where terms of contract are in dispute

Insurer’s motion for a stay of proceedings based on an arbitration clause in the insurance policy was dismissed because the declarations endorsement provided for proceeding by way of an action. Insurance law – Policies and insurance contracts – Interpretation of policy – Terms of policy – Arbitration provision; Actions – Stay of proceedings Trade Finance ...

Loss suffered by restaurant owners excluded under insurance policy’s Freezing Exclusion

Damage to the insureds’ restaurant was caused by two freezing incidents and was excluded from coverage by the freezing exclusion which provided that there was no insurance for loss or damage caused directly or indirectly by freezing. Insurance law – All-risk insurance – Exclusions – Policies and insurance contracts – Interpretation of policy; Practice – ...