Ontario court determines insured’s claim for “underinsured” coverage under Family Protection Coverage endorsement

A statutory cap on damages recoverable in a motor vehicle accident results in an insured being “underinsured” pursuant to the OPCF 44R Family Protection Coverage endorsement in Ontario to the extent damages exceed that cap. Hartley v. Security National Insurance Co., [2016] O.J. No. 1336, 2016 ONSC 1812, Ontario Superior Court of Justice, March 14, 2016, G.E. Taylor J.

Court dismissed plaintiff’s action for additional disability benefits concluding the insurer acted in good faith.

The defendant’s summary judgment application for a dismissal of the plaintiff’s action for one month of long term disability benefits, entitlement to two treatment plans, and damages for mental distress, and aggravated and punitive damages was dismissed.  The Court concluded the defendant’s decisions were based upon proper principles and were not carried out in bad ...

It was not within the Court’s discretion to allow a dormant action to continue under amended Alberta rules of court.

Successful application to dismiss the plaintiffs’ action pursuant to Rule 4.33 on the basis three or more years had passed without a significant advance in the action. Berlinic v. Peace Hills General Insurance Co., [2016] A.J. No. 183, 2016 ABQB 104, Alberta Court of Queen’s Bench, Master W.S. Schlosser (In Chambers), February 24, 2016

Soil under the house was not insured property under homeowner’s policy

15. April 2016 0
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Snow v. Royal Sun Alliance Insurance Co. of Canada, [2016] N.S.J. No. 54, 2016 NSCA 7, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, ...

Recovery of costs for health care services provided by New Brunswick in a personal injury action when the accident happened in New Brunswick

A plaintiff who is injured in a motor vehicle accident involving a vehicle registered in New Brunswick and a vehicle registered in another province is exempted from advancing a subrogated claim pursuant to s. 10 of the Hospital Services Act, R.S.N.B. 1973, c.H-9, for the cost of health care services received, regardless of whether the ...

It is contrary to public policy to allow individuals to contract out of a statutory provision

A waiver signed by an employee was arguably invalid, as it would be contrary to public policy to allow individuals to contract out of the protection provided by the statutory right of action available to employees not covered by workers compensation. Fleming v. Massey, [2016] O.J. No. 399, 2016 ONCA 70, Ontario Court of Appeal, January 26, 2016, K.N. ...