Ontario court finds loss transfer provisions apply to vehicles in motion even if chain reaction collision involves a vehicle not in motion

18. April 2017 0
Loss transfer provisions of the Fault Determination Rules apply to vehicles in motion even if the collision involves a vehicle that was not in motion. Kingsway General Insurance Co. v. Dominion of Canada General Insurance Co., [2017] O.J. No. 391, 2017 ONSC 498, Ontario Superior Court of Justice, January 27, 2017, R. Charney J. The ...

Punitive damages awarded against insurer for failure to pay fire coverage property claim in timely fashion

18. April 2017 0
Punitive damages awarded against insurer for failure to pay property claim in timely fashion. J.I.L.M. Enterprises & Investments Ltd. v. INTACT Insurance, [2017] O.J. No. 436, 2017 ONSC 357, Ontario Superior Court of Justice, January 16, 2017, W.D. Newton J. The insured brought an action for damages against its property insurer with respect to a ...

Hit-and-run victim who made “all reasonable efforts” to identify other driver entitled to compensation

18. April 2017 0
Insured made reasonable efforts to ascertain identity of hit-and-run drivers involved in motor-vehicle collision. Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van Oosten J. The insured driver brought a claim against the Insurance Corporation of British Columbia (“ICBC”) for damages arising out of a hit-and-run ...

Supreme Court of Canada confirms that litigation privilege cannot be abrogated absent express statutory provision

10. January 2017 0
Litigation privilege cannot be abrogated absent express statutory provision; s. 337 of the Act Respecting the Distribution of Financial Products and Services does not provide such express provision. Lizotte v. Aviva Insurance Co. of Canada, [2016] S.C.J. No. 52, 2016 SCC 52, Supreme Court of Canada, November 25, 2016, B. McLachlin C.J. and R.S. Abella, T.A. Cromwell, M.J. Moldaver, A. ...

In BC no-fault Part 7 benefits are distinct from compensation awarded on the basis of fault or liability in tort

10. January 2017 0
Part 7 benefits under the Insurance (Motor Vehicle) Act and its Regulations are not compensation from a person whose acts have caused or are alleged to have caused disability. Brugger v. IWA – Forest Industry Long Term Disability Plan (Trustees of), [2016] B.C.J. No. 2353, 2016 BCCA 445, British Columbia Court of Appeal, November 15, 2016, M.E. Saunders, H. ...

Court finds mortgagor had enforceable rights in administration of fire insurance policy

10. January 2017 0
Mortgagor found to have enforceable rights in policy of fire insurance taken out for benefit of mortgagee. Wilson v. Scotia Mortgage Corp., [2016] O.J. No. 5817, 2016 ONSC 7000, Ontario Superior Court of Justice, November 14, 2016, S.F. Dunphy J. A dispute arose between a mortgagor and a mortgagee.  Following the dispute, the mortgagee placed a policy of fire insurance ...

Consultant does not owe duty to the plaintiffs who are adverse in interest to the insurer

10. January 2017 0
Consultant retained by insurance adjuster’s firm did not owe a duty of care to the insured. 3746292 Manitoba Ltd. v. Intact Insurance Co., [2016] M.J. No. 315, 2016 MBQB 210, Manitoba Court of Queen’s Bench, November 7, 2016, R.A. Dewar J. An insured and an insurer reached a settlement following a fire loss.  After settlement the insured brought a claim ...

Insured’s claim that he was deprived of his mother’s care, guidance, and companionship due to insurer’s mishandling of claim was allowed to proceed

08. November 2016 0
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of Justice, August 31, 2016, C.D. Braid J. The insured’s mother was involved in ...