A family makes a house a household

10. February 2020 0
A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance ...

No priority of coverage if there is no coverage

10. February 2020 0
A rental car insurer was the first loss insurer despite the rental car driver being a listed driver, but not a named insured, under a separate standard Ontario Automobile Policy for two other vehicles. Insurance law – Automobile insurance – First party insured – Named insured, definition – Lessors and lesses – Third parties – ...

Drinking, driving, and coverage do not mix

10. February 2020 0
The insured driver was intoxicated by alcohol to the point where she was incapable of proper control of her vehicle, thus breaching a condition of her insurance policy. Insurance law – Automobile insurance – Breach of policy – Impaired driver – Care, custody, or control of motor vehicle – Third parties Derkson v. Insurance Corp. ...

Homeowner insurer under duty to defend insured with road rage

14. January 2020 0
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties –  Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...

Not a moment too soon

10. December 2019 0
A pedestrian was covered under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse’s use at the time of the accident. Insurance law – Automobile insurance – Statutory Accident Benefits – Interpretation of policy – Uninsured motorist – Practice – Appeals Murphy v. Savoie, [2019] O.J. No. 5004, 2019 ONCA 784, Ontario ...

You’re only responsible for what you know

10. December 2019 0
Insurer not estopped from denying coverage when it acted soon after obtaining new information and there was no prejudice to insured. Insurance law – Automobile insurance – Statutory provisions – Impaired driver – Breach of policy – Estoppel – Practice – Appeals – Discovery Bradfield v. Royal Sun Alliance Insurance Co. of Canada, [2019] O.J. No. ...

It’s the same wherever you go

10. December 2019 0
An ATV and a dirt bike involved in accidents outside of Ontario were considered automobiles within the meaning of the provisions for statutory accident benefits under Ontario legislation. Insurance law – Automobile insurance – Statutory Accident Benefits – Uninsured motorist – Automobile, definition – Interprovincial issues – Practice – Appeals Benson v. Belair Insurance Co., [2019] O.J. No. 5437, 2019 ONCA 840, ...

Truck drivers and the troubling risk of underinsured motorists

10. December 2019 0
The conditions of the Ontario Automobile Policy applied such that the insured did not have the benefit of any underinsured coverage on his personal vehicle when he was injured on the job with his commercial truck. Insurance law – Automobile insurance – Fleet insurance – Underinsured motorist – Statutory provisions – Exclusions – Practice – Summary ...

LTD plan administrator liable for breach of duty of good faith and aggravated damages: Court makes highest award to date for aggravated damages in this context ($50,000)

10. December 2019 0
The insured was awarded significant aggravated damages as well as substantial punitive damages because of an egregious breach of the duty of good faith by his disability plan’s administrator. Insurance law – Disability insurance – Long-term disability – Jurisdiction of court – Breach of policy – Bad faith – Damages – Aggravated damages – Punitive ...

Rental Car Company Beware: Can You Sue on your Rental Agreement?

12. November 2019 0
A car rental company’s claim against its renter offended the statutory prohibition against suing anyone other than one’s own insurer for damage to an insured car. Insurance law – Automobile insurance – First party insured – Statutory provisions – Practice – Appeals Quality Car Rentals Inc. v. Sedaghat, [2019] O.J. No. 4728, 2019 ONSC 5431, ...