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Insurers spar after passenger grabs steering wheel, causing accident

August 22, 2019 by Greg Meckbach

Should a motorist be liable if a front-seat passenger deliberately grabbed the wheel and took control, causing an accident? Insurers debate this, but judges say a client in this situation should not be liable. In McKay v. Park, released Monday,…

News ClaimsInsuranceLegal

Auto claimant awarded $200K despite court’s skepticism about his credibility

August 16, 2019 by David Gambrill

A B.C. fire dispatcher with pre-existing back pain was awarded $200,000 for his auto accident injuries, even though the Supreme Court of British Columbia also found that he was “not a reliable historian of his own condition or other events.”…

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New laws needed to assign cyber fraud liability: Court

August 13, 2019 by Colin Perkel - THE CANADIAN PRESS

TORONTO – A deputy judge is calling for passage of clear laws on which innocent party should bear responsibility for financial losses related to cyberfraud. In calling for legislation, Ontario Deputy Judge Shane Kelford said it’s clear the law has…

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New hearing ordered after court finds tribunal erred in law on accident benefits

August 12, 2019 by Jason Contant

A vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…

News InsuranceLegislation / Regulation

Top court releases decision in $2-billion building collapse lawsuit against Loblaws

August 8, 2019 by Greg Meckbach

A $2-billion lawsuit against Loblaws Companies Ltd., arising from the world’s deadliest accidental building collapse ever, is essentially tossed out of court. Canada’s high court announced Thursday it will not hear an appeal from Arati Rani Das, a garment factory…

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St. Paul Fire & Marine wins business interruption coverage dispute

August 7, 2019 by Greg Meckbach

Say a commercial insurance policy stipulates that a coverage dispute lawsuit cannot proceed unless the client launches it within a year of discovering the loss. What happens if there is business interruption both before and after start of the limitations…

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Allstate ponders appeal in $700,000 lawsuit over Brampton auto insurance allegations

July 30, 2019 by Greg Meckbach

Allstate officials are considering appealing last week’s Ontario court judgement that rejected the company’s $700,000 counter-suit against a former employee. “Our legal counsel is reviewing the decision and we will decide whether to appeal in the next few weeks,” Angie…

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Home insurance can cover damage by a contractor during restoration, court finds

July 25, 2019 by Greg Meckbach

If your client’s house is accidentally damaged by a repair or renovation contractor while it is working on that building, does the home insurance cover it? Some carriers would say no, but a recent court ruling means exclusions for “property…

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Claimant loses appeal over whether Ontario court can hear bad-faith claim

July 24, 2019 by Greg Meckbach

When the Ontario government moved accident benefits dispute resolution to the Licence Appeal Tribunal in 2016, it did not intend for two similar issues in a disputed claim to be adjudicated both in court and before the LAT, the Court…

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How diligent note-taking helped this broker defend a lawsuit

July 22, 2019 by Greg Meckbach

Keeping meticulous files is one reason an Ontario cottage country brokerage was largely successful in defending a lawsuit from a homeowner client. In Monk v. Farmers’ Mutual Insurance Company (Lindsay) released this past Friday, the Court of Appeal for Ontario…

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How hitting a bicycle can lead to six-figure liability claim

July 18, 2019 by Greg Meckbach

An Ontario auto insurer is out more than $500,000 after a motorist hit a cyclist, causing soft-tissue injuries. In St. Marthe v. O’Connor, released this past Monday, Ontario Superior Court Justice Patrick Hurley awarded Peter St. Marthe $380,000 (including sales…

News Insurance

Top court cuts down “apples” approach to tort award reduction

July 11, 2019 by Greg Meckbach

Adjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it…