A person applied for life insurance. He advised the insurer that he had never been told that he had problems with his heart or blood vessels or shortness of breath. He was granted insurance and subsequently died of a heart condition. The clinical records indicated that he suffered from shortness of breath but that his ...
The limitation period in a disability action commences on the date that benefits are terminated, not on the date that the insured is advised that benefits will be terminated. The insured was successful in bringing an application to strike a limitation defence in these circumstances. The Court applied Balzer v. Sun Life Assurance Company of ...
Can a person claim for expenses incurred under the medical services plan (MSP) or expenses paid by a hospital in a claim in British Columbia? The short answer is probably not. Section 88 of the Insurance (Vehicle) Act precludes recovery of these expenses in claims involving a motor vehicle accident. There does not appear to ...
A girl was injured in an ATV accident on an insured property. The insurer advised their insured that they would defend the claim. Five months later, they changed their mind and advised their insureds that they would not defend the claim. Economical Insurance Company brought an application for a declaration that they did not have to ...
Two Insureds failed in an action against their private disability insurer claiming that it was wrong for the Insurer to have offset their children’s Canada Pension Plan (“CPP”) benefits against the Long Term Disability (“LTD”) benefits received by the Plaintiffs under the Policies. Ruffolo v. Sun Life Assurance Company of Canada, [2007] O.J. No. 4541, ...
The Insured was unsuccessful in her appeal of the decision of the Summary Trial Judge finding that she was required to repay the Saskatchewan Health-Care Association (the “Association”) for disability benefits she had received under the Plan administered by the Association. The insured claimed that her lawyer was in conflict of interest because he represented ...
The Court dismissed the applications of the Insured Company and its two principal shareholders for declaratory relief and an Order that the Third and Fourth Excess Insurers be required to pay defence costs incurred in Third Party actions and proceedings brought against the Company. A duty to defend is entirely contractual and a party may ...
An insured whose loss is less than the deductible under its insurance policy may not turn to the lease to cover those losses. Lincoln Canada Services LP v. First Gulf Design Build Inc., [2007] O.J. no. 4167, Ontario Superior Court of Justice, B.A. Conway J., October 31, 2007
The court’s determination of whether all claims pled are covered by an automobile exclusion is fact driven. Where the pleadings give rise to the possibility that a plaintiff’s injuries are caused by a corporation’s policies and failure to screen drivers’ driving records, that claim may be independent of the claim involving the use or operation ...
