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Optional benefits priority ruling could create “administrative nightmare” for auto insurers

July 9, 2019 by David Gambrill

An insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming…

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Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?

July 4, 2019 by Greg Meckbach

A 40-year-old, Canada-wide cap on pain and suffering awards could be out of date, a personal injury lawyer suggests. The Supreme Court of Canada imposed a $100,000 cap on awards for non-pecuniary damages in 1978, as the personal injury law…

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How coverage for “idea misappropriation” landed this insurer in court

July 3, 2019 by Greg Meckbach

Commercial coverage for advertising liability could be a little broader than some underwriters may think. In a decision rendered on a coverage dispute, British Columbia’s appeal court ruled on June 28 that Lloyd’s Underwriters has a duty to defend Blue…

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Priority dispute over accident benefits hinges on endorsement

June 26, 2019 by Jason Contant

Continental Casualty Company (CNA Canada) must pay both mandatory and optional accident benefits to an injured pedestrian after a judge set aside the decision of an arbitrator in a priority dispute. Arbitrator Kenneth Bialkowski concluded in an April 2018 decision…

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Where insurance fits into bicycle accidents

June 26, 2019 by Greg Meckbach

If you have clients who are riding their bikes this summer, how does liability insurance work if they get into an accident? “Specialty cyclist insurance policies do exist, but my understanding is they are not very common,” said Ari Krajden,…

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Why LAT’s first catastrophic impairment case must be re-heard

June 25, 2019 by Greg Meckbach

The Ontario Licence Appeal Tribunal [LAT]’s first ruling on a disputed catastrophic impairment claim is now officially quashed, the province’s appeal court confirmed in a decision released Friday. As it stands, the disputed claim now has to go before a…

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Why this bar is partly liable for impaired driving accident

June 20, 2019 by Greg Meckbach

Offering 12 beers for less than half price might be a good way for your client to get a crowd of customers into its bar, but it is not necessarily the best risk mitigation strategy. A Niagara area bar is…

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Debate over liability when pedestrian hit on road with no sidewalk

June 19, 2019 by Greg Meckbach

If your client hits a pedestrian while driving slightly faster than the limit in a dark rain storm, does that mean he or she is liable? It depends which judge you ask. Prashant Jadhav was walking down the shoulder of…

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Why this vehicle accident defendant tried to quash $850,000 settlement

June 14, 2019 by Greg Meckbach

Adjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus.…

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How this cyber breach defendant got a six-figure cost award

June 13, 2019 by Greg Meckbach

Defendants who won a class-action lawsuit were recently awarded $166,000 to reimburse them for legal costs, but the plaintiffs are appealing. Casino Rama, located near Orillia, Ont. was the target of a cyber breach in 2016 by an unknown criminal.…

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Sexual abuse class-action against Montreal oratory can proceed

June 7, 2019 by Greg Meckbach

If you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.…

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How this auto client got bus-ted

June 7, 2019 by Greg Meckbach

A British Columbia motorist whose sharp right turn made a bus brake suddenly has lost his dispute with the Insurance Corporation of B.C. Wen Sheng Li was involved in an accident in Vancouver on June 1, 2018. ICBC found him…