A passenger who suddenly and without warning grabs the steering wheel while moving, causing an accident, is not covered by the driver’s insurance policy because the passenger did not have the insured driver’s consent to drive

12. February 2019 0
Insurance law – Automobile insurance – Care custody or control of motor vehicle – Underinsured motorist – Uninsured motorist – Third parties – Bad faith – Practice – Summary judgments McKay v. Park, [2018] O.J. No. 6521, 2018 ONSC 7346, Ontario Superior Court of Justice, December 7, 2018, H. McArthur J. This summary judgment motion ...

In a claim for unidentified motorist protection coverage, the limitation period does not begin to run until the plaintiff makes an indemnification demand and the responding insurer fails to satisfy that demand

09. October 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions Rooplal v. Fodor, [2018] O.J. No. 4460, 2018 ONSC 4985, Ontario Superior Court of Justice, August 20, 2018, V.R. Chiappetta J. The insurer provided unidentified motorist coverage under the Insurance Act, R.S.O. 1990, C. I.8, s.265. The plaintiff applied for leave to add ...

An insured is not required to hide car keys to avoid a finding of implied consent when someone else in the household takes the vehicle without the owner’s permission

09. October 2018 0
Insurance law – Automobile insurance – Uninsured motorist – Implied consent – Practice – Summary judgments Michaud-Shields v. Gough, [2018] O.J. No. 4329, 2018 ONSC 4977, Ontario Superior Court of Justice, August 21, 2018, C. de Sa J. While the insured was out of town, her son took the keys to her truck despite knowing ...