Category Archives: Insurance News

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

Soft Tissue Injury Found to Meet Bill 59 Threshold

Posted on November 9, 2007 by Stephen Cavanagh

Podleszanski v. Medley was a personal injury action arising out of a motor vehicle accident. Mr. Justice Alan W. Bryant ruled on a threshold motion brought by the defence while the jury was deliberating at trial. Holding that the plaintiff … Continue reading →

Posted in Auto, Insurance News, Threshold | Comments Off on Soft Tissue Injury Found to Meet Bill 59 Threshold

Court Dismisses Uninsured Claim on Basis of Waiver of Subrogation Clause in Lease

Posted on November 2, 2007 by Stephen Cavanagh
Posted in Contract, Insurance News, Subrogation | Comments Off on Court Dismisses Uninsured Claim on Basis of Waiver of Subrogation Clause in Lease

Court Applies Derksen to Order Defence by Both CGL and Auto Policies

Posted on November 1, 2007 by Stephen Cavanagh

In Derksen v. 539938 Ontario Limited, the Supreme Court of Canada ordered both an auto and a CGL insurer to defend a personal injury action. It determined that there had been concurrent causes of the injuries, one covered by the … Continue reading →

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CGL Exclusions Held Not to Apply

Posted on October 29, 2007 by Stephen Cavanagh

AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc. involved the familiar “your work”, “your product” and “rip and tear” exclusions in a CGL policy. A concrete forming contractor, Ani-Wall Concrete Forming, was alleged to have used defective concrete in constructing … Continue reading →

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S.C.C. Allows Appeals in Herbison and Vytlingam

Posted on October 19, 2007 by Stephen Cavanagh

Good news for auto insurers today from the Supreme Court. The insurers’ appeals in Citadel General Assurance Co. v. Vytlingam and Lumbermens Mutual Casualty Co. v. Herbison were successful. Both cases turned on the interpretation of the phrase, “arising directly or indirectly … Continue reading →

Posted in Auto, Insurance News | Comments Off on S.C.C. Allows Appeals in Herbison and Vytlingam

C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible

Posted on October 10, 2007 by Stephen Cavanagh

 Some very good news for the plaintiff’s bar today, from the Court of Appeal: insurers’ offers to settle in MVA cases should contain “cushions” against the statutory deductibles. In Rider et al. v. Dydyk, the Court (Justices Jurianz, MacPherson and … Continue reading →

Posted in Auto, Costs, Insurance News, Practice and Procedure | Comments Off on C.A. Encourages Auto Insurers to Make Offers Without Applying IA Deductible

C.A. Says Insurance Act Bars All Auto Tort Claims for Property Damage

Posted on October 9, 2007 by Stephen Cavanagh

In a case that has already received a lot of attention from the insurance industry, the Court of Appeal held in Clarendon National Insurance et al. v. Candow that where it applies, s. 263 of the Insurance Act bars all tort … Continue reading →

Posted in Auto, Insurance News | Comments Off on C.A. Says Insurance Act Bars All Auto Tort Claims for Property Damage

Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation

Posted on September 28, 2007 by Stephen Cavanagh

In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading →

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Insurer Must Defend Lessor Although Car Driven by Excluded Driver

Posted on September 27, 2007 by Stephen Cavanagh

As if insurers needed more encouragement to tighten their procedures, the Court of Appeal today ordered Lombard Insurance to defend an action arising out of use of a car by an “excluded driver” because the insurer had not delivered a … Continue reading →

Posted in Auto, Insurance News | Comments Off on Insurer Must Defend Lessor Although Car Driven by Excluded Driver

C.A. Says UIM Coverage Applies to “Every Person Who Is Entitled to Statutory Accident Benefits”

Posted on September 25, 2007 by Stephen Cavanagh

In McArdle v. Bugler, the Court of Appeal today held that a passenger in an uninsured vehicle, which had collided with another vehicle, was entitled to uninsured motorist insurance coverage applying to the second car. It held that the narrow … Continue reading →

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