Keyword
priority dispute
Gore loses priority case in fatal snowmobile crash
June 22, 2023 by David GambrillGore Mutual has lost its appeal of a priority decision in an accident benefits case related to the fatal crash of two snowmobiles, one covered by insurance, the other uninsured. Ontario’s Appeal Court ruling means Gore Mutual – and not…
Intact wins priority dispute over rental car coverage in standard auto policy
November 22, 2019 by Jason ContantOntario’s Court of Appeal has upheld a ruling in favour of Intact Insurance Company in a priority dispute over who is afforded coverage when operating a rental vehicle. In a decision released Thursday, the appeal court found that liability coverage…
Why this American auto insurer lost its priority dispute in Canada
August 26, 2019 by David GambrillYes, an American auto insurer can be the priority insurer for an accident that happens in Canada. An Ontario judge found last Thursday that the priority dispute provisions in the province’s Insurance Act do indeed apply to U.S.-based insurers, thus…
Priority dispute over accident benefits hinges on endorsement
June 26, 2019 by Jason ContantContinental 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…
Despite late notice to claimant, court green-lights priority dispute between insurers
April 2, 2018 by David GambrillIn a priority dispute between insurers over accident benefits payments, the claimant does not necessarily have to be notified about the priority dispute at the same time as the other carrier, the Ontario Court for Appeal has ruled. The major…