“Transmission of force” doctrine applied in priority dispute

08. August 2017 0
The “transmission of force” doctrine did not apply to a motor vehicle that collided with a second motor vehicle, thereby diverting the second vehicle, which then hit a pedestrian. Automobile insurance; Benefits; Statutory provisions; Statutory Accident Benefits Schedule; Priority coverage; Leave to appeal; Standard of review Unifund Assurance Co. v. ACE INA Insurance Co., [2017] O.J. ...

Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim

08. August 2017 0
Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim. Group insurance; Long term disability benefits; Total disability; Statutory provisions; Damages; Tort claims; Summary judgments Wilken v. Sun Life Assurance Co., [2017] O.J. No. 3019, 2017 ONSC 3609, Ontario Superior Court of Justice, June 12, ...

Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle

08. August 2017 0
Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle. Automobile insurance; Ownership of vehicle; Duty to defend; Interpretation of policy; Summary judgments Hoang (Litigation guardian of) v. Personal Insurance Co. of Canada, [2017] O.J. No. 3061, 2017 ONSC 3649, ...

Insured entitled to coverage under Alberta Standard Automobile Policy following accident involving an unidentified vehicle

Insured entitled to coverage under Alberta Standard Automobile Policy SPF #1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy; Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court of ...

Court not required to determine the threshold issue where there has been no award for health care costs or non-pecuniary loss

Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if amount awarded for pain and suffering is zero. Insurance law – Automobile insurance – Statutory provisions – Non-pecuniary damages – Threshold requirement; Damages; Actions Grajqevci v. Rustaie, [2017] O.J. No. ...

Use of non-compliant excluded driver form did not void endorsement in insurance coverage dispute

Use of an endorsement form not approved under s. 227(1) of the Insurance Act does not necessarily invalidate an agreement between the parties about exclusion from insurance coverage. Insurance law – Automobile insurance – Exclusions – Uninsured motorist – Duty to defend – Statutory provisions; Appeals Royal & Sun Alliance Insurance Co. of Canada v. Intact Insurance ...

Insured not entitled to long-term disability benefits under an insurance policy held by former employer

The plaintiff was not entitled to long-term disability benefits under an insurance policy held by his former employer because the plaintiff did not make his claim until after his employment ceased. MacIvor v. Pitney Bowes Inc., [2017] O.J. No. 1161, 2017 ONSC 1550, Ontario Superior Court of Justice, March 7, 2017, A. Pollak J. On April 16, 2005, the plaintiff ...

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 ...