Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

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 ...

Evidence did not establish arson on a balance of probabilities

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 – ...

Doctrine of laches was not available to a second party insurer in defence of a claim under Ontario Insurance Act

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 ...

Manitoba permanent impairment benefits are similar to no fault benefit regime in British Columbia: Manitoba insured was deemed to have released claim to the extent of the benefits received

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 ...

A snow plow was held to be a “heavy commercial vehicle” for the purposes of the Ontario loss transfer provisions. Use of the phrase “and includes” in the applicable regulation expanded the types of automobiles captured under section.

17. November 2015 0
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 ...

The insured’s claims against the strata corporation and the strata insurer were dismissed after a fire caused by a tenant’s clandestine drug laboratory only caused damage to the insured’s strata unit. The quantum of damage was less than the strata corporation’s $50,000 deductible, which was not an unreasonable deductible value.

17. November 2015 0
Insurance law – Property insurance – Strata corporations – Damages – Deductible – Remediation – Loss of income – Homeowner’s insurance – Exclusions Louie v. Strata Plan VR-1323, [2015] B.C.J. No. 2186, 2015 BCSC 1832, British Columbia Supreme Court, October 8, 2015, B.M. Greyell J. The insured’s strata unit was badly damaged from a fire caused ...

Indemnity was extended to the badly injured driver of a motor vehicle after an intoxicated passenger intentionally grabbed the steering wheel, causing the vehicle to crash because the word “use” in the legislation included use by a passenger while the vehicle was being used as a motor vehicle

17. November 2015 0
Insurance law – Automobile insurance – Interpretation of policy – Coverage – No-fault coverage – Chain of causation – Ownership use or operation of motor vehicle – Use of vehicle – Statutory provisions Felix v. Insurance Corporation of British Columbia, 2015 B.C.J. No. 2024, 2015 BCCA 394, Court of Appeal for British Columbia, September 23, ...