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Category Archives: Insurance News
Master Orders Insurer to Produce Its Schedule B Documents
Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading
Posted in Discovery, Insurance News, Practice and Procedure, Privilege
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Medical Malpractice Action by Mental Incompetent Has Two Year Limitation Period Where Litigation Guardian Appointed
In St. Jean v. Cheung, Mr. Justice John C. Murray undertook a detailed analysis of how the Limitations Act, 2002 has changed the law of limitations as it applies to claims on behalf of persons under a legal disability. While … Continue reading
Posted in Insurance News
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Privacy Commissioner Says Adjuster’s Request for 5 Years of Medical Records Might Have Exceeded Scope of Authorization
In PIPEDA case #362, an insurance adjuster had obtained from an accidents benefits claimant a release for medical records. The document read as follows: I hereby authorize any doctor, hospital, clinic, institution or person, possessing information or medical records on … Continue reading
Posted in Insurance News, Privacy
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Thorburn J. Discusses What’s Required for Court Approval of Settlements
In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her … Continue reading
Posted in Damages, Evidence, Insurance News, Practice and Procedure
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Not Necessarily Negligence to Allow Unlicensed Driver to Operate Car
In George v. Thach, Superior Court Justice Harvey Spiegel ruled that “The failure to possess a lawfully issued operator’s permit does not of itself constitute incompetence or inexperience.” Accordingly, the employer of an unlicensed driver was not vicariously liable for … Continue reading
Posted in Auto, Insurance News
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Court Refuses Amendment to Plead that Owner of Vehicle Was Also Employer of Driver
In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods, Practice and Procedure
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Passengers in Car Entitled to Liability Insurance Coverage for Claim by Inline Skater
In Morrow v. Symons, a young man was seriously injured while being towed on inline skates. He sued the driver of the car towing him, as well as three your men who were occupants of the car at the time. … Continue reading
Posted in Auto, Duty to Defend, Insurance News
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C.A. Says No E & O Coverage for Law Firm Providing Investment Advice
In Cassels, Brock & Blackwell v. LawPRO, the Court of Appeal ruled that a duty to defend was not owed to the plaintiff law firm by its liability insurance carrier, the Lawyers’ Professional Indemnity Company (“LawPRO”). The policy contained an … Continue reading
Posted in Insurance News, Professional Liability
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Voids in Soil Held to be “Property Damage”, Resulting in CGL Coverage
Madam Justice Janet Wilson of the Ontario Superior Court has released a significant decision in the interpretation of commercial general liability insurance policies. In York Region Condominium Corporation No. 772 v. Lombard Canada, she rejected coverage arguments raised by Lombard … Continue reading
Posted in CGL, Insurance News
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C.A. Says “Intentional or Criminal Act” Policy Exclusion Does Not Require Criminal AND Intentional Act
UPDATE: On August 23, 2007, the Supreme Court of Canada dismissed with costs an application for leave to appeal this decision. The original post follows. In Eichmanis v. Wawanesa, the Court of Appeal has clarified the intepretation to be placed on … Continue reading
Posted in Insurance News
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