Insured had no expectation of privacy in relation to participation at case conference

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...

Insured alleged to have shaken baby not entitled to defence

09. November 2021 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...

Insured has burden of proof in application to reinstate accident benefits

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Income replacement benefits – Medical and rehabilitation expenses – Practice – Appeals – Duties and liabilities of insured – Burden of proof Cass v. Saskatchewan Government Insurance, [2021] S.J. No. 408, 2021 SKCA 130, Saskatchewan Court of Appeal, September 29, 2021, G.R. Jackson, L.M. Schwann and J.D. Kalmakoff JJ.A. ...

Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy

Insurance law – Automobile insurance – Uninsured motorist – Fraud – Benefits – Statutory provisions – Practice – Leave to appeal – Standard of review – Summary judgments Abbas v. Esurance Insurance Co. of Canada, [2021] A.J. No. 562, 2021 ABQB 303, Alberta Court of Queen’s Bench, April 21, 2021, B.B. Johnston J. The insured ...

Household and attendant care expenses must be incurred to be recovered under the Ontario Statutory Accident Benefit Schedule

15. September 2020 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...

CGL provider required to defend claims relating to publication of confidential information notwithstanding data exclusion clauses

15. September 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Class actions Laridae Communications Inc. v. Co-operators General Insurance Co., [2020] O.J. No. 2124, 2020 ONSC 2198, Ontario Superior Court of Justice, May 8, 2020, A. Pollak J. An unauthorized party accessed documents from a secured section ...