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Category Archives: Insurance News
Judge Finds that Insurer Can’t Incorporate Statutory Conditions’ One-Year Limitation Period Into Policy as Contractual Term
Mr. Justice Michael Quigley has handed down a rather significant ruling in which he dealt with the recurring issue of the limitation period that applies to property insurance policies. His decision represents, in my view, a marked departure from the … Continue reading
Posted in Fire Insurance, Insurance News, Limitation Periods
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Broker Liable to Property Owner for Insurer’s Denial of Coverage Based on Vacancy Exclusion
In Newbigging et al. v. M. Butler Insurance Brokers Ltd.et al., 2012 ONSC 5174 (CanLII), Superior Court Justice Theresa Maddalena dismissed an appeal from a decision of a Small Claims Court judge who had awarded damages against an insurance broker. At … Continue reading
Posted in Fire Insurance, Insurance News
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C.A. Says Conviction for Careless Driving Doesn’t Allow Auto Insurer to Deny Coverage On the Basis of Intentional Act
In Savage v. Belecque, released last week, the Court of Appeal considered whether Allstate Insurance had been justified in denying coverage to a young driver and to his mother, the owner of the car, on the basis that the act … Continue reading
Posted in Auto, Costs, Duty to Defend
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C.A. Rules Definitively On Limitation Period for Claim Under Underinsured Endorsement
In Roque v. Pilot Insurance Company, 2012 ONCA 311 (CanLII), the Court of Appeal dispelled any doubt about when the limitation period commences to run for a claim against an insurer that provides underinsured motorist coverage. It agreed with Master Ronald … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods
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Insurance Provisions in Lease Held Not To Preclude Action by Lessor Against Lessee
UPDATE: At the end of 2012, the Court of Appeal allowed (in part) an appeal from this decision. The brief reasons are here. The Court said that “the applicable jurisprudence is unsettled”. It went on to conclude the following: Based … Continue reading
Posted in Insurance News
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A Time To Every Purpose Under Heaven
The calculation of periods of time specified in statutes, rules and contracts is a continuing source of anxiety for lawyers. Filing a document one day late can have dire consequences. But figuring out just what is one day late is … Continue reading
Posted in Auto, Insurance News
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C.A. Says Bad Faith Action Against Auto Insurer Not Subject to Limitation Period in Policy
The Court of Appeal’s decision in Dundas v. Zurich Canada, 2012 ONCA 181, is interesting for a couple of reasons: liability of an insurer for failing to pay its policy limits into an interest-bearing account and the limitation period that … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods
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Recent “additional insured” decisions continue confusing Ontario jurisprudence
In various contractual settings, one party assumes an obligation to have the other included in the former’s insurance policy as an “additional insured”. This has been a fertile source of work for lawyers practising in the insurance field because the … Continue reading
Posted in CGL, Duty to Defend, Insurance News
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Master Pope Refuses To Add Insurer in OPCF-44R Claim
Vogler v. Lemieux, 2012 ONSC 1692 is an interesting case and, to me, a bit puzzling. I am hoping that one of the readers of this blog can clear things up for me. The plaintiff was injured in a single … Continue reading
Posted in Auto, Uninsured or Underinsured
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Superior Court Refuses to Dismiss Accident Benefits Lawsuits, Despite Mediation Not Having Taken Place
Last week, Mr. Justice James W. Sloan delivered a ruling in four cases that will have an impact on statutory accident benefits litigation. The cases are: Cornie v. Security National, Hurst v. Aviva Insurance Company, Singh v. Aviva Insurance Company and … Continue reading
Posted in Auto
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