-
Recent Posts
Archives
- October 2015
- July 2015
- December 2014
- November 2014
- October 2014
- September 2014
- May 2014
- January 2014
- July 2013
- June 2013
- May 2013
- April 2013
- February 2013
- January 2013
- November 2012
- September 2012
- August 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- September 2011
- May 2011
- February 2011
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- November 2009
- September 2009
- August 2009
- July 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- November 2008
- October 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- July 2004
- June 2004
- May 2004
- April 2004
- March 2004
- December 2003
- November 2003
- May 2003
- April 2003
Categories
- Advertising Injury
- Allocation of Defence Costs
- Appeals
- Auto
- Auto (Tort)
- CGL
- Collateral Benefits
- Commercial Litigation
- Conflict of Laws
- Contract
- Costs
- Damages
- Defamation
- Discoverability
- Discovery
- Duty to Defend
- Environmental
- Evidence
- Exclusions
- Experts and Opinions
- Fire Insurance
- Fires
- FLA
- Insurance News
- Juries
- Lawyers
- Limitation Periods
- Litigation Technology
- Municipalities
- Occupier's Liability
- Pleadings
- Practice and Procedure
- Practice of Law
- Privacy
- Privilege
- Products Liability
- Professional Liability
- Risk Transfer
- Sale of Goods
- Social and Commercial Host Liability
- Subrogation
- Threshold
- Tort News
- Trial Procedure
- Uncategorized
- Uninsured or Underinsured
- Waivers and releases
Meta
Category Archives: Insurance News
Another Threshold Ruling Driven by Jury’s Findings
In a post yesterday, we commented on a recent decision, Bisier v. Thorimbert, in which a Superior Court judge granted a defence threshold motion at the trial of a personal injury action, after the jury had awarded nothing for general or … Continue reading
Posted in Auto, Insurance News, Threshold
Comments Off on Another Threshold Ruling Driven by Jury’s Findings
Costs: “Substantial Indemnity” Doesn’t Mean “Full Indemnity”
Ontario Superior Court Justice Joan Lax has released an interesting costs decision in Manning v. Epp et al. In this lawsuit, the plaintiff was well-known Ontario lawyer, Morris Manning. He sued the mayor of the City of Waterloo, as well … Continue reading
Posted in Costs, Insurance News
Comments Off on Costs: “Substantial Indemnity” Doesn’t Mean “Full Indemnity”
Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
Bisier v. Thorimbert was an action for personal injuries arising out of a motor vehicle accident. At the trial, Mr. Justice J.R. Henderson of the Ontario Superior Court granted the defendant’s motion for dismissal of the plaintiffs’ claim, on the basis that … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Juries, Threshold, Trial Procedure
Comments Off on Judge Finds that Threshold Motion Must Succeed Where Jury Assesses Damages at Zero
$1 M Underinsured Endorsement Must Respond in Addition to $1 M Liability Coverage
Corrigendum The post below has been revised to correct an error that appeared in the original version. Colleen Morrison was both the owner and operator of her car; the earlier post had identified her only as owner and her husband as operator. … Continue reading
Posted in Auto, Insurance News
Comments Off on $1 M Underinsured Endorsement Must Respond in Addition to $1 M Liability Coverage
C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can
In a significant decision today, the Court of Appeal dismissed an appeal by Liberty Mutual Insurance Company from a ruling of Mr. Justice Geoffrey Morawetz, who had dismissed a lawsuit brought by Liberty, to dispute a CAT DAC assessment of … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
Comments Off on C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can
Unlicensed Passenger Punches Driver, Takes Keys and Drives Off — but Truck Held to be Still in Possession of Owner
In an interesting decision last week, Justice Barry MacDougall of the Ontario Superior Court addressed the recurring problem of whether or not a vehicle was, without the consent of the owner, in the possession of someone other than the owner. … Continue reading
Posted in Auto, Auto (Tort), Insurance News, Tort News
Comments Off on Unlicensed Passenger Punches Driver, Takes Keys and Drives Off — but Truck Held to be Still in Possession of Owner
Court Refuses to Require Insurer to Defend Underlying Action Where Coverage Denied
In Shah v. Becamon, the plaintiff was injured when the defendant accidentally pressed her car’s accelerator pedal in a shopping centre parking lot, causing the car to lurch forward and strike the plaintiff. The defendant held only a G-1 licence. … Continue reading
Posted in Insurance News
Comments Off on Court Refuses to Require Insurer to Defend Underlying Action Where Coverage Denied
Lump Sum Offer to Several Plaintiffs Triggers Rule 49 Costs Consequences
In Fragomeni v. Ontario Corporation 1080486, Madam Justice Deena F. Baltman had to contend with a practical problem relating to Rule 49 offers to settle. Where there are several plaintiffs, can a defendant make an effective offer to settle to … Continue reading
Posted in Insurance News
Comments Off on Lump Sum Offer to Several Plaintiffs Triggers Rule 49 Costs Consequences
Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant
In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading
Posted in Auto, Costs, Insurance News, Threshold
Comments Off on Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant
Insurer’s Failure to Observe SABS Timeline Doesn’t Disentitle It to CAT DAC Assessment
Despite the mandatory language of the SABS time requirements (the insurer “shall”…), a Superior Court judge has held that an insurer’s failure to comply with those requirements in setting up a CAT DAC assessment does not mean that it loses its right … Continue reading
Posted in Auto, Insurance News
Comments Off on Insurer’s Failure to Observe SABS Timeline Doesn’t Disentitle It to CAT DAC Assessment