Insurance law – Liability insurance – Third parties – Personal injury – Practice – Discovery Antony v. Kumarasamy, [2017] O.J. No. 4305, 2017 ONSC 4943, Ontario Superior Court of Justice, August 18, 2017, Master A. Graham The underlying action involved a motor vehicle accident that occurred on November 20, 2009. At the time of the accident, State ...
Insurance law – Life insurance – Group insurance – Change of beneficiaries – Validity – Irrevocable beneficiaries – Statutory provisions Sun Life Assurance Co. of Canada v. Nelson Estate, [2017] O.J. No. 4394, 2017 ONSC 4987, Ontario Superior Court of Justice, August 23, 2017, C.J. Brown J. In 1999, the insured purchased a life insurance ...
Insurance law – Automobile insurance – Fraud – Evidence – Actions – Conspiracy Insurance Corp. of British Columbia v. Mehat, [2017] B.C.J. No. 1667, 2017 BCSC 1476, British Columbia Supreme Court, August 24, 2017, M.B. Blok J. The insurer brought an action against Mr. and Mrs. Mehat for fraud, unjust enrichment and conspiracy regarding a ...
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 – ...
Employer’s automobile insurance policy did not respond to a motor vehicle accident involving an employee in a rental vehicle which was itself insured as required by law. Automobile insurance – Family compensation and fatal accident claims – Underinsured motorist – Interpretation of policy – Priority coverage Macrae v. Liberty International Underwriters, a Division of the Liberty Mutual ...
An insured who spilled coffee on herself as she transferred coffee from the drive-through window at a McDonald’s to the cup holder in her car was entitled to statutory accident benefits under her automobile insurance policy. Automobile insurance – Causation – Test – No-fault coverage – Statutory provisions – Policies and insurance contracts Dittmann v. Aviva Insurance Co. of Canada, [2017] ...
Having been advised by his treating physicians that his condition was stable, that he was safe to travel, and that further testing could wait until after his travels, the medical expenses incurred by the insured while outside of Canada were not excluded by the policy. Group insurance – Interpretation of policy – Exclusion clauses – ...
The care provided to an elderly mother by a long-term care facility was greater quantitative care than the care provided by her daughter such that the mother was not principally dependant on her daughter for care and therefore was not an insured under her daughter’s automobile policy. Automobile insurance – Accident – Dependent care – ...
