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Judges disagree on whether this collision was a ‘true accident’

September 11, 2018 by Greg Meckbach

A motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can…

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Ontario auto insurer’s examiner gets day in court

September 5, 2018 by Greg Meckbach

Last week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. Dr. Howard Platnick is a Toronto physician who does medical examinations for…

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Court urges discovery plans that avoid “historical murder mystery approach to litigation”

August 30, 2018 by David Gambrill

A flooded business and their insurers have been ordered by a court to “go back to the drawing board” and come up with a discovery plan, having “fallen short of the collaborative process,” a case master for the Ontario Superior…

News ClaimsRisk

How legal defence costs can be ‘gobsmacking large,’ even when you win the case

August 22, 2018 by Greg Meckbach

A recent decision by an Ontario judge shows how much a corporate client might have pay to defend itself from a lawsuit – even one that gets thrown out of court. Three beer manufacturers, Molson, Labatt and Sleeman, spent a…

News InsuranceLegal

Court orders parent to produce underwriting file to prove she denied permission for her child to drive

August 16, 2018 by Greg Meckbach

If 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…

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Mechanic barred from suing employer over workplace injury

August 13, 2018 by Greg Meckbach

A 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…

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After a seven-year, $33K insurance settlement, claimant disputes his $5K legal bill

August 9, 2018 by David Gambrill

A 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…

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Court balks at auto injury medical expert witness fee

August 3, 2018 by Greg Meckbach

When 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…

News Insurance

Why a public insurer may have to cover the liability of a suspended car owner

July 29, 2018 by David Gambrill

In 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…

News ClaimsInsuranceLegal

Court tosses elderly couple’s 15-year-old auto insurance claim

July 26, 2018 by David Gambrill

Fifteen 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…

News InsuranceLegal

Supreme Court to determine fate of Lloyd’s payment in $5.6-million shipping loss

July 19, 2018 by Greg Meckbach

The 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.…

News ClaimsConstructionInsuranceMarkets / Coverages

After leak causes $3-million damage to dream home, plumbing contractor loses bid to block insurer’s subrogation

July 19, 2018 by David Gambrill

A 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…