Insured entitled to coverage under Alberta Standard Automobile Policy following accident involving an unidentified vehicle

Insured entitled to coverage under Alberta Standard Automobile Policy SPF #1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy; Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court of ...

Court not required to determine the threshold issue where there has been no award for health care costs or non-pecuniary loss

Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if amount awarded for pain and suffering is zero. Insurance law – Automobile insurance – Statutory provisions – Non-pecuniary damages – Threshold requirement; Damages; Actions Grajqevci v. Rustaie, [2017] O.J. No. ...

Use of non-compliant excluded driver form did not void endorsement in insurance coverage dispute

Use of an endorsement form not approved under s. 227(1) of the Insurance Act does not necessarily invalidate an agreement between the parties about exclusion from insurance coverage. Insurance law – Automobile insurance – Exclusions – Uninsured motorist – Duty to defend – Statutory provisions; Appeals Royal & Sun Alliance Insurance Co. of Canada v. Intact Insurance ...

Summary judgment not appropriate for dispute regarding proof of loss in fire policy claim when credibility issues require a full trial to explore

18. April 2017 0
Summary judgment not appropriate for dispute regarding proof of loss when there are credibility issues requiring a full trial to explore. Insurance law – Property insurance – Proof of loss; Practice – Summary judgments; Evidence – Legal vs. evidentiary burden Gebara v. Economical Insurance Group, [2017] O.J. No. 458, 2017 ONSC 801, Ontario Superior Court ...

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. Insurance law – Automobile insurance – No-fault accident benefits – Loss transfer provision – Statutory Accident Benefits Schedule; Practice – Leave to appeal; Arbitration – Enforcement of award Kingsway General ...

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. Insurance law – Property insurance – Business interruption – Loss of profits; Policies and insurance contracts – Breach of policy – Good faith, breach of; Duties and liabilities of insurer – Delay; Damages – Income loss – Punitive damages J.I.L.M. Enterprises ...

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. Insurance law – Automobile insurance – Unidentified motorist – Leaving accident scene – Statutory provisions – Nominal defendant; Practice – Summary judgments Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van Oosten ...

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. Insurance law – Adjusters – Duties and liabilities – Practice – Disclosure of documents – Statutory provisions – Litigation privilege Lizotte v. Aviva Insurance Co. of Canada, [2016] ...

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. Insurance law – Automobile insurance – No-fault coverage – Benefits – Underinsured motorist – Disability insurance – Damages – Disability benefits, deductibility Brugger v. IWA – ...