Insurer wins third-party liability claim against road-rager
January 24, 2023 by David GambrillAn insurer successfully brought a third-party liability claim against a road-rager who was found to be 50% responsible for an accident between two other vehicles as a result of his threatening actions. The insurers were not named in the Court…
Which came first: Accident notification, or the accident benefits application forms?
January 17, 2023 by David GambrillIn a true chicken-and-egg argument, an Ontario man claimed his “reasonable explanation” for taking two years to inform his auto insurer about his injuries from a 2019 accident is because he never received the Application for Accident Benefits (OCF-1) form…
Insureds traumatized by witnessing car accidents are not entitled to benefits: tribunal
January 10, 2023 by David GambrillInsured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents…
Insurer has no duty to defend parents named in negligence lawsuit
January 9, 2023 by David GambrillB.C.’s Supreme Court has upheld that an insurer is not obligated to defend parents in a lawsuit alleging negligence for failing to stop their child from inflicting harm on others. In Reeves v Co-Operators General Insurance Company, Bentley Reeves and…
Defining vacancy: Why the court upheld insurer’s denial of a $100K water damage claim
January 4, 2023 by David GambrillAn insurance policy exclusion for vacancy applies, even when an insured has arranged for people to look after the vacant property on a daily basis, so long as there is no intention to inhabit the place again, the Ontario Superior…
Auto insurers: Dos and don’ts for sending out IE notices
December 13, 2022 by David GambrillOntario auto insurers don’t have to send out requests for independent medical exams (IME) at the same time they send out claim denial letters, nor are they barred from requesting IMEs after claimants have applied to the Licence Appeal Tribunal…
Location of primary insurer, not excess insurers, decides proper legal forum
December 12, 2022 by David GambrillOntario is the appropriate legal forum for determining whether a Canadian mining company is entitled to be insured for environmental liability claims arising mostly in Ontario — despite the fact several of its 22 excess insurers are global and not…
An insured driver is injured when an uninsured car-jacker steals her car. Who covers?
December 1, 2022 by David GambrillInsured drivers owning stolen vehicles must go to Facility Association — not their own private auto insurers — to get compensation for injuries sustained in assaults against them involving uninsured car-jackers, a Nova Scotia court has ruled. The Supreme Court…
Auto insurance doesn’t always apply just because an auto’s involved
November 29, 2022 by David GambrillTwo Quebec Court of Appeal decisions in 2022 demonstrate it’s not enough to show an auto is involved in a claim for an insured to be eligible for compensation under the province’s auto insurance scheme, a Quebec lawyer writes in…
Why this dirt bike in closed competition was considered an “automobile”
November 25, 2022 by David GambrillA dirt bike driven in a closed course motocross competition is an “automobile” under Ontario’s auto accident benefits scheme, thus paving the way for a seriously injured driver to claim auto accident benefits from his auto insurer, the Ontario Court…
Walking towards your car, you slip and fall on ice. Is this an ‘auto accident’?
November 18, 2022 by David GambrillIf you slip and fall on ice within 10-15 feet of your car, the car did not cause your fall, so that isn’t an ‘auto accident’ under the Statutory Accident Benefits Schedule (SABS), Ontario’s Licence Appeal Tribunal (LAT) ruled last…
Insurers can’t ask for leniency on time limits, but then enforce them on claimants
November 9, 2022 by David GambrillAn insurer involved in settlement negotiations can’t ask a claimant for leniency on time limits, but then demand the claimant adhere to strict limitation periods for serving a statement of claim, an Alberta court has ruled. The court thus granted…