Manitoba permanent impairment benefits are similar to no fault benefit regime in British Columbia: Manitoba insured was deemed to have released claim to the extent of the benefits received

The Manitoba Public Insurance Corporation Act granted the Manitoba public auto insurer the ability to bring a subrogated claim paid to its insured as a result of a MVA that occurred in BC for which the defendant was liable.  The benefits were strikingly similar to the no fault benefit regime in B.C. Therefore the relevant ...

Motor Vehicle Policy Found Not to be Assignable

Motion for summary judgement brought against the insurer by a plaintiff who claimed to be an assignee of the insured’s automobile policy. The action was dismissed. The policy was not assignable in the circumstances. Alternatively, the policy had not been breached and therefore no cause of action was available to the insured or an assignee. ResQ Auto ...

Contractual Limitation Period for Claiming Against Excess Motor Vehicle Insurer Runs from Time the Insured Accumulates a Body of Evidence

15. January 2015 0
Contractual limitation period for making a claim against an excess motor vehicle insurer began to run from the time the insured had accumulated a body of evidence which would give him a reasonable chance of demonstrating that his claim exceeded the limits. Further, it was equitable in the circumstances that the insured was granted a ...