Insurer-generated medical expenses are not subject to indemnification under the SABs

12. October 2012 0
The issue in this case was whether the expense of insurer generated medical assessments conducted to assess a claimant’s entitlement to benefits under the Statutory Accidents Benefits Schedule were recoverable under s. 275(1) of the Insurance Act as payments “in relation to such benefits paid.” The Court held that insurer generated medical expenses were not subject ...

An insured can claim for losses caused by a renter under the insured’s policy

12. October 2012 0
The appellant lessee rented a truck from the insured lessor. The contents of the truck were damaged durring the course of the lease. The lessee sought compensation under the lessor’s insurance policy’s direct compensation for property damage provisions. The insurer denied coverage. At issue was whether the lessee’s claim fell under section 247 of the Insurance Act or sections ...

Defendants presented as one party in an action may not be able to challenge an apportionment of responsibility

31. August 2012 0
Two separate insurers insured two defendants in a tort action. The defendants’ were presented as one party in the tort action, and were represented by one counsel. No crossclaims were made. Following judgement, one insurer sought a declaration that the two defendants should bear equal responsibility for the tort judgments. The court held that by melding the positions of ...