Category Archives: Insurance News

Catch-all category for developments in the law of insurance.

Insurer Must reimburse MVAC Fund for Accident Benefits

In Kalinkine v. Superintendent of Financial Services Commission, a Superior Court decision released this week, The Personal Insurance Company was ordered to reimburse the Motor Vehicle Accident Claims Fund for accident benefits payments paid in error by the Fund. We … Continue reading

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AB Settlements Can Be Rescinded at Any Time

We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a … Continue reading

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Injury is Permanent But Not Serious

A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based … Continue reading

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Wife’s Insurer Won’t Pay Husband’s $1.8 Million Judgment

A plaintiff who was seriously injured in “an altercation” outside his former house has been unsuccessful in his attempt to collect his judgment from AXA Insurance. The case is Umlauf v. AXA and a copy is attached. The plaintiff obtained … Continue reading

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Disability Benefits Reduce Uninsured Limits

The Court of Appeal today released its decision in Kosanovic v. Wawanesa Insurance, a copy of which we have attached. The decision involved an interpretation of the former s. 2(1)(b) of Ont. Reg. 676. That regulation deals with “Uninsured Automobile … Continue reading

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Benefits for Home Renovations Alllowed by Superior Court

We have attached a copy of a recent decision of the Ontario Superior Court that will be of interest to those dealing with accident benefits claims. The case is Alfred v. Allstate. The name might be familiar to you, as … Continue reading

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SABS Loophole Upheld

The Court of Appeal has refused to correct an anomaly in the Statutory Accident Benefits Schedule, despite finding that it resulted from an error made in drafting the Insurance Act regulation. We attach a copy of the decision in Beattie … Continue reading

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Catastrophic Impairment; Discoverability in Fatal Accident Cases

This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.

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Absolute Liability Applies Even Where Injury Caused Intentionally

The Court of Appeal has just released a decision that is important to anyone working in the area of automobile tort litigation. The case is Joachin v. Abel. The plaintiffs in that case had been injured when the defendant Abel … Continue reading

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