Disabilty benefits are generally deductible from motor vehicle damage awards in Ontario. Care should be taken to instruct the jury to do so.

22. April 2012 0
Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them. Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Superior Court of Justice, M.J. Nolan J.

An expired medical certificate may preclude entitlement to life insurance proceeds for a pilot killed in a plane crash

21. March 2012 0
Decision by insurer to deny payment on a life insurance policy following the death of the insured in a plane crash based on an exclusion clause requiring the insured to have the “required licence” to fly upheld because the insured’s medical certificate had expired one year before the accident. Gudzinski Estate v. Allianz Global Risks ...

An insurer was required to defend a defamation action commenced against her insured, despite the fact that the action pled intentional conduct by the insureds

02. January 2012 0
Insured successfully obtained a declaration that the insurer was obligated to pay for its defence costs with respect to a defamation claim, and that it should have control of its own defence. British Columbia Medical Association v. Aviva Insurance Co. of Canada, [2011] B.C.J. No. 1948, October 19, 2011, British Columbia Supreme Court, C.J. Ross J.

Out of province claim for first party accident benefits allowed despite the passage of a statutory limitation period

17. November 2011 0
Application to add out-of-province insurer as a defendant by insured allowed notwithstanding the limitation period prescribed by s. 103 of the Insurance (Vehicle) Regulation had expired. Moldovan v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 2008, October 27, 2011, British Columbia Court of Appeal, M.V. Newbury, D.M. Smith and H. Groberman JJ.A.

A liabilty insurer may not be entitled to be a party to an action commenced against an insured because the insurer’s participation could affect the insured’s entitlement to coverage under the policy

25. August 2011 0
Insurer’s application to be added as a party in an action by former employees against former directors and officers of its insured company was dismissed. Pope & Talbot Ltd. (Re), [2011] B.C.J. No. 793, April 28, 2011, British Columbia Supreme Court (In Bankruptcy and Insolvency), P.W. Walker J.