The conditions of the Ontario Automobile Policy applied such that the insured did not have the benefit of any underinsured coverage on his personal vehicle when he was injured on the job with his commercial truck. Insurance law – Automobile insurance – Fleet insurance – Underinsured motorist – Statutory provisions – Exclusions – Practice – Summary ...
The insured was awarded significant aggravated damages as well as substantial punitive damages because of an egregious breach of the duty of good faith by his disability plan’s administrator. Insurance law – Disability insurance – Long-term disability – Jurisdiction of court – Breach of policy – Bad faith – Damages – Aggravated damages – Punitive ...
A car rental company’s claim against its renter offended the statutory prohibition against suing anyone other than one’s own insurer for damage to an insured car. Insurance law – Automobile insurance – First party insured – Statutory provisions – Practice – Appeals Quality Car Rentals Inc. v. Sedaghat, [2019] O.J. No. 4728, 2019 ONSC 5431, ...
An insurer that is required to provide reasons for a decision must provide meaningful reasons to allow the insured to determine whether to challenge the decision. Insurance law – Automobile insurance – Statutory provisions – Duties and liabilities of insurer – Practice – Appeal Hedley v. Aviva Insurance Company of Canada, [2019] O.J. No. 4775, ...
The court must look beyond the surface of a car rental agreement to determine whether the renter is renting in his personal capacity or as an authorized representative of his employer. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions – Appeals Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., ...
An out-of-province insurer who is a PAU signatory, and whose policy covered an insured involved in a motor vehicle accident in Ontario, is bound by the priority provisions under s. 268 of the Ontario Insurance Act. Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Priority coverage – Arbitration Coseco Insurance Co. v. ...
The Court of Appeal affirmed that the insurer was estopped from denying coverage during litigation due to prejudice. Insurance law – Homeowner’s insurance – Duty to defend – Estoppel – Practice – Appeals Commonwell Mutual Insurance Group v. Campbell, [2019] O.J. No. 4357, 2019 ONCA 668, Ontario Court of Appeal, August 26, 2019, D. Paciocco, ...
The insurer was ordered to defend a university professor against allegations that she defamed a former colleague as the claims against her raised the possibility that she was acting on behalf of the university and was thus an “additional insured” under the policy. Insurance law – Liability insurance – Duty to defend – Additional named ...
A property owner that contracted to obtain insurance to cover its contractor but neglected to obtain the policy was found liable to the contractor for legal costs incurred that would have been covered by the policy, had it been obtained as promised. Insurance law – Property insurance – Wrap-up policies – Breach of policy – ...
An insured’s business interruption loss claim is not subject to a rolling limitation period as an insurer does not have a recurring contractual obligation in respect of this claim. Insurance law – Commercial general liability insurance – Business interruption insurance – Limitation of actions – Exclusions Marvelous Mario’s Inc. v. St. Paul Fire and Marine ...
