The status of two insureds as spouses based on a religious ceremony in a foreign jurisdiction is determined first on the basis of the validity of the marriage under the law of the foreign jurisdiction and then by considering whether the marriage is valid in the forum jurisdiction. The insurer has the onus of adducing ...
Insurance law – Automobile insurance – Lessors and lessees – Third parties – Interpretation of policy – Cancellation of policy Coast Capital Equipment Finance Ltd. v. Old Republic Insurance Co. of Canada, [2017] O.J. No. 5768, 2017 ONSC 6694, Ontario Superior Court of Justice, November 7, 2017, P.J. Monahan J. A leased vehicle was involved in a motor vehicle accident ...
Employer’s automobile insurance policy did not respond to a motor vehicle accident involving an employee in a rental vehicle which was itself insured as required by law. Automobile insurance – Family compensation and fatal accident claims – Underinsured motorist – Interpretation of policy – Priority coverage Macrae v. Liberty International Underwriters, a Division of the Liberty Mutual ...
An insured who spilled coffee on herself as she transferred coffee from the drive-through window at a McDonald’s to the cup holder in her car was entitled to statutory accident benefits under her automobile insurance policy. Automobile insurance – Causation – Test – No-fault coverage – Statutory provisions – Policies and insurance contracts Dittmann v. Aviva Insurance Co. of Canada, [2017] ...
Having been advised by his treating physicians that his condition was stable, that he was safe to travel, and that further testing could wait until after his travels, the medical expenses incurred by the insured while outside of Canada were not excluded by the policy. Group insurance – Interpretation of policy – Exclusion clauses – ...
The care provided to an elderly mother by a long-term care facility was greater quantitative care than the care provided by her daughter such that the mother was not principally dependant on her daughter for care and therefore was not an insured under her daughter’s automobile policy. Automobile insurance – Accident – Dependent care – ...
