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 ...
Insurance law – Automobile insurance – Jurisdiction – Statutory Accident Benefits – Appeals Aviva Canada Inc. v. Taylor, [2017] O.J. No. 2146, 2017 ONSC 2661, Ontario Superior Court of Justice – Divisional Court, April 27, 2017, F.P. Kiteley J. The Court was faced with a judicial review application following the transfer of jurisdiction under the ...
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] ...
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 ...
Summary judgment not appropriate for dispute regarding proof of loss when there are credibility issues requiring a full trial to explore. Insurance law – Property insurance – Proof of loss – Practice – Summary judgments – Evidence – Legal vs. evidentiary burden Gebara v. Economical Insurance Group, [2017] O.J. No. 458, 2017 ONSC 801, Ontario ...
Loss transfer provisions of the Fault Determination Rules apply to vehicles in motion even if the collision involves a vehicle that was not in motion. Insurance law – Automobile insurance – No-fault accident benefits – Loss transfer provision – Statutory Accident Benefits Schedule – Practice – Leave to appeal – Arbitration – Enforcement of award ...
Insurance law – Property insurance – Business interruption – Loss of profits – Policies and insurance contracts – Breach of policy – Good faith, breach of – Duties and liabilities of insurer – Delay – Damages – Income loss – Punitive damages J.I.L.M. Enterprises & Investments Ltd. v. INTACT Insurance, [2017] O.J. No. 436, 2017 ...
Insured made reasonable efforts to ascertain identity of hit-and-run drivers involved in motor-vehicle collision. Insurance law – Automobile insurance – Unidentified motorist – Leaving accident scene – Statutory provisions – Nominal defendant – Practice – Summary judgments Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van ...
Litigation privilege cannot be abrogated absent express statutory provision; s. 337 of the Act Respecting the Distribution of Financial Products and Services does not provide such express provision. Insurance law – Adjusters – Duties and liabilities – Practice – Disclosure of documents – Statutory provisions – Litigation privilege Lizotte v. Aviva Insurance Co. of Canada, [2016] ...
