Insurance law – Practice – Settlement of action Fairweather v. Davies, [2017] O.J. No. 6180, 2017 ONSC 7051, Ontario Superior Court of Justice, November 27, 2017, J.K. Trimble J. The infant plaintiffs suffered minor injuries in a motor vehicle accident. Their mother served as their litigation guardian. Each plaintiff was to receive $12,500 pursuant to a settlement. After their lawyer’s ...
Coverage was excluded for a rental property under the vacancy exclusion despite the insured living in a trailer beside the home while it was under renovation. Insurance law – Homeowner’s insurance – Exclusions – “Resident” – “Vacant” – Definition – Terms of policy Taylor v. Co-operators General Insurance Co., [2017] A.J. No. 1232, 2017 ABQB 705, Alberta Court ...
Additional insureds were entitled to appoint their own counsel due a conflict which arose because the mix of covered and uncovered claims meant that the additional insureds’ defence directly conflicted with the pecuniary interests of the insurers and there was a risk information obtained for defence purposes might be used against the additional insureds for ...
The phrase “knew or ought to have known” under s. 91 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 imports a purely objective standard. A reasonable person in the position of the 17-year-old plaintiff ought to have known that a vehicle driven by a 15-year-old was being driven without consent of the owner at ...
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance – Fire – Landlord and tenant – Exclusions – Action – Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of ...
The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no evidence as to what caused the plaintiff to fly from his bike, or that the unidentified vehicle had moved at all prior to the accident. Automobile insurance – Statutory provisions – Negligence – ...
The insurers were ordered to pay the insureds’ legal fees after acknowledging a duty to defend despite the fact that the fees incurred were almost double what the insurers stated was reasonable. However, the insureds were only awarded a small portion of the fees claimed after the insurers acknowledged the duty to defend as the ...
An insurer who acquired ownership of a stolen ATV was obliged to provide statutory accident benefits under the Ontario Statutory Accident Benefits Schedule to an infant injured while riding the ATV two days after the insurer had acquired ownership. Insurance law – Automobile insurance – Statutory Accident Benefits – Commercial general liability insurance – Umbrella ...
The insurer’s application for an order compelling the insured to undergo neuropsychological testing was dismissed as neuropsychological or cognitive function had not been put at issue and no treatment providers or experts had recommended it. Insurance law – Practice – Examination for discovery – Disability insurance – Medical examination – Policies and insurance contracts – ...
