Stolen ATV covered for SABS benefits under umbrella policy of priority insurer

09. May 2017 0
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An insurer who acquired ownership of a stolen ATV was obliged to provide statutory accident benefits under the Ontario Statutory Accident Benefits Schedule to an infant injured while riding the ATV two days after the insurer had acquired ownership. Farmers’ Mutual Insurance Co. (Lindsay) v. Ontario (Minister of Finance), [2017] O.J. No. 1072, 2017 ONSC ...

Ontario court dismisses insurer’s application for order compelling insured to undergo neuropsychological testing

10. February 2017 0
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The insurer’s application for an order compelling the insured to undergo neuropsychological testing was dismissed as neuropsychological or cognitive function had not been put at issue and no treatment providers or experts had recommended it. Woolsey v. Industrial Alliance Insurance and Financial Services Inc., [2016] O.J. No. 6497, 2016 ONSC 7617, Ontario Superior Court of ...

Disabled employee not entitled to payments until age 65 despite insurer’s previous agreement to continue paying outside of contract of insurance

10. February 2017 0
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The insurer’s agreement to continue paying disability benefits to a previously disabled employee did not amount to a contract of insurance obligating the insurer to continue payments until age 65 after the insurer ceased acting as the employer’s insurance provider. Bozek v. Fenchurch General Insurance Co., [2016] B.C.J. No. 2699, 2016 BCSC 2370, British Columbia ...

The defence of set-off not suitable for determination by summary trial

14. December 2016 0
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In defence to a subrogated claim, a defendant raised the defence of set-off in relation to monies owed to it by the insured. Whether this was a valid defence in a subrogated action was a complex legal issue which raised triable issues and was not suitable for determination on summary trial. Larry’s Refrigeration & Appliance ...

BC court affirms the insurer’s obligation to save harmless the insured from the costs of defending the action encompasses third-party proceedings

14. December 2016 0
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Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Williams v. Canales, [2016] B.C.J. No. 2067, 2016 BCSC 1811, British Columbia ...

Trickery and fraud exclusion clause of homeowner’s policy applied: coverage was denied for fraudulent scheme

14. December 2016 0
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The insured sought coverage under a homeowner policy after suffering a financial loss as a result of her voluntary participation in what turned out to be a fraudulent scheme. The denial was upheld at trial on the basis of the trickery and fraud exclusion. Edmison v. Wawanesa Mutual Insurance Co., [2016] S.J. No. 527, 2016 SKPC ...

Claim for “diminished value” of an automobile may exist in Ontario

19. October 2016 0
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The insured was rear-ended in a motor vehicle accident. The insurer paid for the repairs to the insured’s vehicle, but refused to compensate the insured for the diminished value of the vehicle. The insured commenced a small claims action for the diminished value and the insurer brought a motion to strike the claim on the ...

Insurer was not obligated to inform insured of applicable limitation period under Limitations Act

19. October 2016 0
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The limitation period began to run from the date the insured received a denial letter notifying him that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence ...

BC Court of Appeal held that insurer’s settlement demands letter didn’t constitute confirmation of a cause of action

19. September 2016 0
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A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period.  A summary trial decision dismissing the action as statute barred was upheld on ...