Water damage dispute: Why the court wouldn’t end three-year dispute resolution
June 22, 2022 by David GambrillB.C.’s Supreme Court has denied a claimant’s attempt to bail out of two mandatory dispute resolution hearings with multiple insurers in a three-year dispute over the value of water damage in her strata unit. “The plaintiff is understandably frustrated by…
Caregiving daughter does not ‘reside’ with Mom; not entitled to auto coverage
June 9, 2022 by David GambrillWhether or not a daughter is entitled to auto insurance coverage under her mother’s OPCF 44R family protection endorsement depends on the facts of the case, and not on whether her mother believes her caregiving daughter ‘resides’ at her place,…
Should you attach a dispute-resolution form to a denial letter?
June 8, 2022 by David GambrillAn injured auto driver has lost an appeal against her insurer, which denied benefits a full seven years before she launched her legal challenge against the decision. One notable aspect of the case was whether the claimant received a dispute…
Insurer must defend negligence case, despite pollution exclusion
June 3, 2022 by David GambrillCanada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the…
The insurance policy clause that saved this self-insurer
June 2, 2022 by David GambrillClean Harbors Canada, one of largest hazardous waste haulers in North America, is not on the hook to pay the cost of first-party fire damage to a truck owned and operated by one of its contractors, an Ontario court has…
Auto AB claim: Where privacy meets abuse of process
June 1, 2022 by David GambrillAn Ontario court has rejected the privacy concerns of an auto accidents benefits claimant who refused to attend a psychological examination required by his insurer, finding that the claimant’s privacy concerns amounted to an abuse of process. Ali Baradaran Bagherian…
Regulations for insuring self-driving cars required sooner rather than later, lawyers say
May 27, 2022 by David GambrillCanada is not ready to insure even partially automated vehicles (AVs), but the move towards fully-automated vehicles could be here by as early as 2026, warn lawyers at Borden Ladner Gervais LLP. Provincial legislatures will therefore need to update their…
Fume all you want, don’t hit erratic drivers in front of you
May 26, 2022 by David GambrillNo matter how much a driver might fume about the slow driver ahead, the driver behind him is still responsible for maintaining a safe distance to avoid a collision — even if the slow driver tries to block the driver…
Insurers must defend, even if damage falls below the deductible
May 24, 2022 by David GambrillInsurers have a duty to defend in construction cases involving policy exclusions for a “work performed” or “own work,” even if the amount of property damage claimed falls under the policy deductible, Ontario’s Court of Appeal has ruled. In GFL…
Tow truck driver granted “absolute discharge” for his role in staged collision
May 19, 2022 by David GambrillOntario’s Court for Appeal has given an “absolute discharge” to a tow truck driver who pleaded guilty to fraud under $5,000 – and served a six-month conditional sentence – for his role in a staged collision that cost two insurers…
New innocent co-insured law does not apply retroactively: Appeal Court
May 18, 2022 by David GambrillOntario’s new innocent co-insured law does not apply retroactively to claims events that happened before the legislation was passed, the Ontario Appeal Court has ruled. The co-insured rule restricts application of insurers’ policy exclusions for criminal acts only to those…
Car owner vicariously liable for crash despite reporting her vehicle stolen
May 13, 2022 by David GambrillA car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the…