Additional insureds entitled to appoint and instruct their own counsel due to inherent conflict of interest

10. January 2018 0
Additional insureds were entitled to appoint their own counsel due a conflict which arose because the mix of covered and uncovered claims meant that the additional insureds’ defence directly conflicted with the pecuniary interests of the insurers and there was a risk information obtained for defence purposes might be used against the additional insureds for ...

Fire loss caused by tenant’s negligent maintenance of a motor vehicle is excluded from coverage

10. October 2017 0
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance; Fire; Landlord and tenant; Exclusions; Action; Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of Justice, August 14, 2017, M.D. ...

BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence

10. October 2017 0
The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no evidence as to what caused the plaintiff to fly from his bike, or that the unidentified vehicle had moved at all prior to the accident. Automobile insurance; Statutory provisions; Negligence; Action; Summary trial; ...

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

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. Insurance law – Automobile insurance – Statutory Accident Benefits – Commercial general liability insurance – Umbrella ...

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

10. February 2017 0
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. Insurance law – Practice – Examination for discovery; Disability insurance – Medical examination; Policies and insurance contracts – Coverage Woolsey ...

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
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. Insurance law – Actions – Disability insurance – Long term disability – Future benefits – ...