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Deductible ruling reversed by Ontario court


June 16, 2005   by Canadian Underwriter


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The Appeal Court of Ontario has instigated the filing of numerous nationwide class-action suits with its recent ruling that an insurer should pay the full value of a destroyed vehicle if it keeps the remains for salvage value.
This ruling means that millions in refunds for policyholders will stall.
However, recently the appeal court revoked its decision upon statements from legal representatives for eight insurers, which disputed rulings in the McNaughton Automotive Ltd. vs. Co-operators General Insurance Co. case.
However, this decision did not move to repeal the court ruling against Co-operators waiving $2 million in deductible amounts and ting aside $5 million for refunds.
Dominion of Canada General Insurance Co. led a group of insurers to challenge the appeal court ruling.
As a result, 16 Ontario companies are now eligible to apply to benefit from the latest appeal court ruling.


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