An insurer’s right to subrogate under a standard mortgage clause requires that the insurer has no liability to the mortgagor

01. February 2010 0
Insurer’s right to subrograte under Standard Mortgage Clause requires fulfillment of two preconditions, (1) the insurer must make payment of the loss award, or part of it, to the mortgagee; and (2) the insurer must establish a claim that it has no liability to the mortgagor. Pinder v. Farmers’ Mutual Insurance Co. (Lindsay), [2009] O.J. No. ...

In Ontario, a person injured in a motor vehicle accident does not have to seek compensation from third parties

01. October 2009 0
An insured under the uninsured coverage provisions of Ontario’s standard O.A.P. 1 is only disentitled to recover under the uninsured coverage in O.A.P. 1 based on the negligence of an insured joint tortfeasor where the joint tortfeasor’s insurer admits liability to pay or where the insured obtained a judgment against the joint tortfeasor. Loftus v. ...