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 – ...
The insurer’s agreement to continue paying disability benefits to a previously disabled employee did not amount to a contract of insurance obligating the insurer to continue payments until age 65 after the insurer ceased acting as the employer’s insurance provider. Insurance law – Actions – Disability insurance – Long term disability – Future benefits – ...
In defence to a subrogated claim, a defendant raised the defence of set-off in relation to monies owed to it by the insured. Whether this was a valid defence in a subrogated action was a complex legal issue which raised triable issues and was not suitable for determination on summary trial. Insurance law – Subrogation ...
Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Insurance law – Actions – Duty to defend – Third parties – ...
The insured sought coverage under a homeowner policy after suffering a financial loss as a result of her voluntary participation in what turned out to be a fraudulent scheme. The denial was upheld at trial on the basis of the trickery and fraud exclusion. Insurance law – Homeowner’s insurance – Policies and insurance contracts – ...
The insured was rear-ended in a motor vehicle accident. The insurer paid for the repairs to the insured’s vehicle, but refused to compensate the insured for the diminished value of the vehicle. The insured commenced a small claims action for the diminished value and the insurer brought a motion to strike the claim on the ...
The limitation period began to run from the date the insured received a denial letter notifying him that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence ...
A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period. A summary trial decision dismissing the action as statute barred was upheld on ...
The limitation period began to run from the date the insured received a denial letter that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence of a ...
