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 ...
Insurance law – Automobile insurance – Policies and insurance contracts – Statutory conditions – No-fault coverage – Damages – Special damages – Diminished value – Statutory provisions Renwick v. Allstate Insurance Co. of Canada, [2016] O.J. No. 3811, Ontario Superior Court of Justice, Small Claims Court, January 12, 2016, J. Prattas Deputy J. The insured ...
Claims relating to negligent business practices after a patron fell on the insured’s party bus, while non-derivative of the negligent operation claims, arose from or owed their existence to the ownership, use or operation of a bus used in an expected manner such that the claims were excluded from coverage under the CGL policy and ...
The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Insurance law – Automobile insurance – All Terrain Vehicle – Multiple policies – Benefits – Accident – definition – Statutory provisions ...
Insured’s petition for indemnity for defence costs under a claims made policy was dismissed as it was plain and obvious that an exclusion applied, despite the fact that it was premature to determine if coverage was triggered under the policy. Insurance law – Class actions – Defence costs – Liability insurance – Errors and omissions ...
The insureds successfully sued for indemnity after the insurer had denied liability on the basis of arson. While the evidence raised a real and viable concern about exclusive opportunity, the preponderance of the evidence did not establish arson on a balance of probabilities. Insurance law – Property insurance – Arson – Evidence – Damages – ...
The doctrine of laches is not available to a second party insurer in defence of a loss transfer claim for no fault statutory accident benefits under s.275 of the Insurance Act, R.S.O. 1990, c. I.8. Insurance law – Automobile insurance – Statutory Accident Benefits – Loss transfer provision – Actions – Equitable defences – Limitation ...
The Manitoba Public Insurance Corporation Act granted the Manitoba public auto insurer the ability to bring a subrogated claim paid to its insured as a result of a MVA that occurred in BC for which the defendant was liable. The benefits were strikingly similar to the no-fault benefit regime in B.C. Therefore the relevant sections ...
Insurance law – Automobile insurance – Automobile – Definition – Heavy commercial vehicle – No-fault coverage – Loss transfer provision – Use of vehicle – Statutory provisions Dominion of Canada General Insurance Co. v. Aviva Canada Inc., [2015] O.J. No. 5153, 2015 ONSC 6195, Ontario Superior Court of Justice, October 6, 2015, C. J. Brown ...
