A man insured under a standard Ontario automobile insurance policy injured his son while go-karting. His son sued him and the operator of the go-kart track for injuries suffered in the accident. The father sued his automobile insurer for coverage under his automobile policy. A motion’s judge determined that a go-kart did not constitute an ...
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle. ...
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle. ...
Ontario’s “no-fault” regime prohibits all tort actions against a negligent party for recovery of property damage. This prohibition applies not only to claims of individuals, but also to subrogated claims brought by insurers. Clarendon National Insurance v. Candow, 2007 ONCA 680, Ontario Court of Appeal, J.C. MacPherson, R.J. Sharpe and R.G. Juriansz JJ.A., October 5, 2007
