Court orders parent to produce underwriting file to prove she denied permission for her child to drive
August 16, 2018 by Greg MeckbachIf a parent does not give permission to a child to drive the car, then if the child gets into a serious accident, a court could order the parent to produce the underwriting file to prove they did not grant…
Mechanic barred from suing employer over workplace injury
August 13, 2018 by Greg MeckbachA Newfoundland and Labrador construction company no longer faces a lawsuit from the estate of an injured worker, after the Supreme Court of Canada announced Thursday it will not hear an appeal. Many Canadian corporate clients lack liability insurance covering…
After a seven-year, $33K insurance settlement, claimant disputes his $5K legal bill
August 9, 2018 by David GambrillA seven-year lawsuit against a B.C. insurance brokerage that settled for $33,000 ultimately led to a legal dispute between the claimant and his lawyer over a $5,124 legal bill. The claimant, Larry Jones, sued his insurance brokerage, RHC Insurance Agency…
Court balks at auto injury medical expert witness fee
August 3, 2018 by Greg MeckbachWhen a motorist gets sued by an accident victim, should the defendant be ordered to pay $5,000 to reimburse the plaintiff for half a day’s court testimony from a plaintiff’s doctor? A British Columbia court official says no. Gary Senner…
Why a public insurer may have to cover the liability of a suspended car owner
July 29, 2018 by David GambrillIn a priority dispute between insurers, Manitoba’s public auto insurer may be on the hook for the liability of the owner of a vehicle involved in a crash in Ontario, even though MPI had cancelled the car owner’s insurance certificate…
Court tosses elderly couple’s 15-year-old auto insurance claim
July 26, 2018 by David GambrillFifteen years after their auto accident, an elderly couple representing themselves in court lost their bid to further postpone their claim against their auto insurer, following years of adjourning trial dates and failing to show up in court. “The trial…
Supreme Court to determine fate of Lloyd’s payment in $5.6-million shipping loss
July 19, 2018 by Greg MeckbachThe Supreme Court of Canada has agreed to hear a dispute that will determine whether a Lloyd’s insurer may recover some of the claim money it paid out arising from a $5.6-million cargo ship loss on the St. Lawrence River.…
After leak causes $3-million damage to dream home, plumbing contractor loses bid to block insurer’s subrogation
July 19, 2018 by David GambrillA plumbing contractor facing a subrogation lawsuit from a homeowner’s insurer is not eligible for coverage under the homeowner’s purchased Residential Builders–All Risks [RBAR] insurance policy, an Ontario court has ruled. Joseph and Lidia Maio had their dream home built…
Tobacco lawsuit defence set back by Supreme Court of Canada
July 18, 2018 by Greg MeckbachThe Supreme Court of Canada has ruled against the maker of Marlboro cigarettes, which is being sued by the British Columbia government for the cost of treating smoking-related illness. Part of the issue in question centres around whether the province…