The issue in this case was whether the expense of insurer generated medical assessments conducted to assess a claimant’s entitlement to benefits under the Statutory Accidents Benefits Schedule were recoverable under s. 275(1) of the Insurance Act as payments “in relation to such benefits paid.” The Court held that insurer generated medical expenses were not subject ...
The appellant lessee rented a truck from the insured lessor. The contents of the truck were damaged durring the course of the lease. The lessee sought compensation under the lessor’s insurance policy’s direct compensation for property damage provisions. The insurer denied coverage. At issue was whether the lessee’s claim fell under section 247 of the Insurance Act or sections ...
At issue was was the extent of insurance coverage available for legal fees incurred by an insured. Specifically, the insurer and insured disagreed as to whether the proper interpretation of the legal expense rider was that the $500,000 limit available was per year or limited to a one time total aggregate of $500,000. The court held that ...
Two separate insurers insured two defendants in a tort action. The defendants’ were presented as one party in the tort action, and were represented by one counsel. No crossclaims were made. Following judgement, one insurer sought a declaration that the two defendants should bear equal responsibility for the tort judgments. The court held that by melding the positions of ...
Application by an insured for declaration that her homeowner policy insurer was obligated to provide her a defence to counterclaims made by defendants against her in a personal injury action commenced by her to recover for injuries suffered by her son. The court held that there was no duty to defend as the policy excluded coverage ...
Application by insured for indemification under its CGL policy for damages paid in respect of a tort claim. The insurer denied indemnification on the basis that the auto exclusion applied as the injuries compensated were caused by the use and operation of a motor vehicle. The alleged negligent act relied on by the numbered company was the ...
The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This will often allow an injured person to sue later than the ultimate “ten year” statutory section 3(1)(b) of the Limitations Act. Section 7(1) ...
Where an insurer acts as a claims administration service only but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith as it was adjudicating claims and benefits. As such, the traditional tort of intentional procurement of breach of contract is broad ...
At issue was whether the respondent title insurance company owed a duty to defend the applicant lawyers in civil proceedings in which the applicant lawyers were named as defendants. The question was whether the claims against the lawyers arose under the policy of title insurance. The court held that the phrase “claims arising under the title insurance ...
