Man injured in a crash while sleeping in a stolen truck is covered
May 31, 2023 by David GambrillA man sleeping in the back of a pickup truck when it was stolen by an uninsured driver and involved in a serious crash is entitled to auto insurance coverage, the Court of Appeal for Ontario has ruled. The Appeal…
‘Minor injuries’ don’t exist if they fall outside the Minor Injury Guideline
May 17, 2023 by David GambrillAn auto injury falling outside of Ontario’s $3,500 Minor Injury Guideline (MIG) cap is no longer a ‘minor injury’ for the purpose of imposing funding limits on certain medical goods and services, Ontario License Appeal Tribunal (LAT) has ruled. “There…
Why this auto claim can proceed 2 years after the limit expired
May 9, 2023 by David GambrillNova Scotia’s Supreme Court recently allowed an auto liability claim to proceed four years after the collision happened, and two years after the time limit for making a claim had expired. The delay was based mainly on the claimants’ lawyer…
Court backs broker in dispute over buying his book of business
May 5, 2023 by David GambrillOntario’s Appeal Court has denied an appeal by a St. Catharines, Ont. brokerage in a dispute over the contract terms of a producer buying out his book of business after he served notice he was leaving the brokerage. In Lindsay…
Insurer successfully defends city’s appeal over fire response times
April 28, 2023 by David GambrillCanada’s top court Thursday refused to hear an appeal in a case in which a Quebec municipality was found 25% liable for a fire that destroyed a commercial building when not enough firefighters were present after 10 minutes to fight…
Insurer successfully defends flood exclusion in water damage endorsement
April 21, 2023 by David GambrillA Quebec home insurer successfully defended a flood exclusion to its policy’s water damage endorsement, on the basis that the insurer would not cover water damage that “occurs when a flood reaches the surface of the ground on the premises.”…
Broker suspended for a year after covering for his son in auto accident
April 17, 2023 by David GambrillA veteran B.C. broker had his broker licence suspended for one year after trying to protect his son by falsely claiming to police and the public auto insurer that he was the driver in his son’s hit-and-run accident. In addition…
Why Intact doesn’t have to defend a man found not criminally responsible for a knife attack
April 14, 2023 by David GambrillIntact Insurance does not have a duty to defend a man with schizophrenia who stabbed the owner of a firearms store while in the grip of a psychotic delusion, Ontario’s Court of Appeal has ruled. Brett Butterfield suffered a psychotic…
Can’t find defendants in auto liability cases? Don’t serve their insurers instead.
April 5, 2023 by David GambrillOntario’s Court of Appeal has laid down the law on trial lawyers habitually serving defendants’ auto liability insurers as a matter of course when they can’t find the defendants to serve notice of the lawsuit. Don’t do it. “As a…
Intact policyholder conflates ACV with replacement cost value
April 4, 2023 by David GambrillIntact recently won an appraisal dispute with an insured who originally claimed more than four times the market value of his business property after a fire, prompting the court to find the insured was conflating actual cash value (ACV) of…
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…
Aviva loses bid to quash class action for COVID-related BI losses
March 28, 2023 by David GambrillOntario’s Superior Court has certified a class action lawsuit by a window and door manufacturer against Aviva Canada related to the insurer’s broad denial of pandemic-related business interruption claims. In doing so, the court rejected Aviva’s motion to have the…