An insured can choose which tortfeasor to claim from to maximize her entitlement to insurance benefits

26. November 2007 0
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...

Use of a car to transport oneself to a location does not create insurance coverage under an automobile policy for actions perpetrated at the location by the people transported by the vehicle

22. November 2007 0
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle.  ...

A person who transports himself to a location is not entitled to coverage under his automobile policy for actions taken after he has left his vehicle

21. November 2007 0
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle.  ...

An automobile insurer cannot bring a subrogated claim for property damage in Ontario

20. November 2007 0
Ontario’s “no-fault” regime prohibits all tort actions against a negligent party for recovery of property damage. This prohibition applies not only to claims of individuals, but also to subrogated claims brought by insurers. Clarendon National Insurance v. Candow, 2007 ONCA 680, Ontario Court of Appeal, J.C. MacPherson, R.J. Sharpe and R.G. Juriansz JJ.A., October 5, 2007