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Category Archives: Insurance News
No Coverage Under Homeowner’s Policy for Allegations of Negligent Supervision of Driver
In The Co-operators General Insurance Company v. Murray et al., Mr. Justice Robert MacKinnon ruled that a homeowner’s insurance policy did not cover a claim that the insureds failed to supervise their son, who had been the driver in a single-car accident. … Continue reading
Posted in Insurance News
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Costs Denied Where Jury Awards Plaintiff Only $20,000 in MVA Claim
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident … Continue reading
Posted in Auto, Costs, Insurance News
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Court Orders that Neuropsychological IME be Videotaped
Mr. Justice Michael Quigley has ordered that a neuropsychological assessment sought by a defendant in a motor vehicle case, be videotaped. His Honour had been advised that the neuropsychologist whom the defence had retained was not prepared to undertake the … Continue reading
Posted in Auto, Insurance News
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Court Considers Scope of Insurer’s Examination Under SABS
In three separate applications that were heard together, Madam Justice Elizabeth Stewart of the Superior Court ruled on the scope of an insurer’s examination under oath of a statutory accident benefits claimant. Such examinations are authorized by s. 33(1.1) of the … Continue reading
Posted in Auto, Insurance News
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Solicitor for LTD Claimant Personally Liable for Costs of Third Party Proceedings Against Insurer’s Employees
In a ruling that is certain to send a chill through the plaintiffs’ bar, Madam Justice Anne Molloy has ordered a solicitor who was representing a disability insurance claimant to pay costs of an abortive third party proceeding against the … Continue reading
Posted in Costs, Insurance News, Lawyers
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Insurers Must Time Withdrawal of Premiums Correctly Before They Can Terminate for Non-payment
Minister of Finance v. Progressive Casualty Insurance Company of Canada contains an interesting discussion of what an insurance company must do before it can terminate an auto policy for non-payment of premiums. (Perhaps the word, “interesting” in the last sentence … Continue reading
Posted in Auto, Insurance News
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ODSP Benefits Not Deductible from MVA Damages
In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a … Continue reading
Posted in Auto, Collateral Benefits, Damages, Insurance News
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Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue
In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading
Posted in Auto, Insurance News, Limitation Periods, Uninsured or Underinsured
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$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)
A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Plaintiff Not Catastrophically Injured Where Two GCS Readings Below 10/15 in First 30 Minutes after Accident
UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a … Continue reading
Posted in Auto, Damages, Insurance News
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