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Category Archives: Insurance News
Additional Insured Entitled to Defence, But Only A Limited One
Atlific Hotels and Resorts Ltd. v. Aviva Insurance Company of Canada is the latest chapter in the ongoing (and evolving) story of “additional insureds”. The latest installment was written by Mr. Justice Edward P. Belobaba. In the underlying lawsuit, the … Continue reading
Posted in CGL, Duty to Defend, Insurance News
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“Minimal Financial Risk” to Law Firm in Prosecuting AB Claim in Catastrophic Case, So Substantial Fee Premium Not Appropriate
In Adler v. State Farm Automobile Insurance Company, Madam Justice Nancy Spies dealt with an application by the law firm of Aylesworth LLP for court approval of lawyer-client fees and disbursements, to be paid out of the proceeds of the settlement … Continue reading
Posted in Auto, Costs, Insurance News, Lawyers
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Court Orders Insurer to Pay for Defence by Counsel Chosen by Insured
Coakley v. Allstate is another case that deals with the problem of whether an insurer owes a duty to defend a claim that includes allegations of intentional conduct. What made this case a bit unusual is that (a) the motion … Continue reading
Posted in Insurance News
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C.A. Clarifies Requirements for Non-earner Benefits
It was apparent from its ruling yesterday in Heath v. Economical Mutual Insurance Company, that the Court of Appeal was not very impressed with the trial decision of Mr. Justice John C. Kennedy. The plaintiff had been involved in a rear-end … Continue reading
Posted in Auto, Collateral Benefits, Insurance News
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Judge Says Bill 198 Threshold Aimed at Tightening Up the Insurance Act Threshold “By Reducing the Number of Litigants Able to Sue”
About a year ago, Justice Johanne Morissette’s decision in Nissan v. McNamee was released. Her Honour concluded that the Bill 198 version of the Insurance Act threshold in MVA cases had not effected much of a change from the previous regime. … Continue reading
Posted in Auto, Insurance News, Threshold
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Duty to Defend Determined, Not by Plaintiff’s Pleading, but by Defendant’s
Addendum: This case is of doubtful authority following the Court of Appeal’s decision in Meadows v. Meloche Monnex Insurance Brokers Inc., 2010 ONCA 394, released June 2, 2010. Glassford v. TD Home and Auto Insurance Company is an example of … Continue reading
Posted in Insurance News
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Threshold Decision Underlines Dichotomy Within Ontario Insurance Act
The Ontario legislature has chosen to confer upon judges (alone) the right to decide whether or not a plaintiff in an MVA action meets the statutory “threshold”, making him or her eligible to receive an award of non-pecuniary general damages. … Continue reading
Posted in Auto (Tort), Insurance News, Juries, Threshold
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Plaintiff’s Facebook Pages Not A “Fishing Expedition” by Defence, Judge Rules
In Leduc v. Roman, Mr. Justice David M. Brown allowed in part an appeal from an order of Master Dash, dealing with the Facebook page of a plaintiff in a personal injury action. The Master had refused the defence motion, … Continue reading
Posted in Discovery, Insurance News
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Judge Says Bill 198 Meant to “Tighten Up” IA Threshold
Sherman v. Guckelsberger was released on December 29, but Ontario auto insurers can be forgiven for thinking that it was meant to have arrived four days earlier. In this case, Madam Justice Jane A. Milanetti had to decide whether or … Continue reading
Can Defendants Ever Make Effective Rule 49 Offers in MVA Cases?
We are indebted to Mark (“Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the … Continue reading
Posted in Auto, Costs, Insurance News, Threshold
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