Insurance law – Accident and sickness insurance – Priority coverage – Arbitration – Enforcement of award – Insurer – Rights, duties and liabilities Pembridge Insurance Co. v. Sovereign General Insurance Co., [2019] O.J. No. 6590, 2019 ONSC 7291, Ontario Superior Court of Justice, December 16, 2019, J. Kimmel J. Pembridge appealed from the award of an ...
Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers ...
A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance ...
A rental car insurer was the first loss insurer despite the rental car driver being a listed driver, but not a named insured, under a separate standard Ontario Automobile Policy for two other vehicles. Insurance law – Automobile insurance – First party insured – Named insured, definition – Lessors and lesses – Third parties – ...
The insured driver was intoxicated by alcohol to the point where she was incapable of proper control of her vehicle, thus breaching a condition of her insurance policy. Insurance law – Automobile insurance – Breach of policy – Impaired driver – Care, custody, or control of motor vehicle – Third parties Derkson v. Insurance Corp. ...
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties – Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...
A pedestrian was covered under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse’s use at the time of the accident. Insurance law – Automobile insurance – Statutory Accident Benefits – Interpretation of policy – Uninsured motorist – Practice – Appeals Murphy v. Savoie, [2019] O.J. No. 5004, 2019 ONCA 784, Ontario ...
Insurer not estopped from denying coverage when it acted soon after obtaining new information and there was no prejudice to insured. Insurance law – Automobile insurance – Statutory provisions – Impaired driver – Breach of policy – Estoppel – Practice – Appeals – Discovery Bradfield v. Royal Sun Alliance Insurance Co. of Canada, [2019] O.J. No. ...
An ATV and a dirt bike involved in accidents outside of Ontario were considered automobiles within the meaning of the provisions for statutory accident benefits under Ontario legislation. Insurance law – Automobile insurance – Statutory Accident Benefits – Uninsured motorist – Automobile, definition – Interprovincial issues – Practice – Appeals Benson v. Belair Insurance Co., [2019] O.J. No. 5437, 2019 ONCA 840, ...
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 ...
