How diligent note-taking helped this broker defend a lawsuit
July 22, 2019 by Greg MeckbachKeeping meticulous files is one reason an Ontario cottage country brokerage was largely successful in defending a lawsuit from a homeowner client. In Monk v. Farmers’ Mutual Insurance Company (Lindsay) released this past Friday, the Court of Appeal for Ontario…
How hitting a bicycle can lead to six-figure liability claim
July 18, 2019 by Greg MeckbachAn Ontario auto insurer is out more than $500,000 after a motorist hit a cyclist, causing soft-tissue injuries. In St. Marthe v. O’Connor, released this past Monday, Ontario Superior Court Justice Patrick Hurley awarded Peter St. Marthe $380,000 (including sales…
Top court cuts down “apples” approach to tort award reduction
July 11, 2019 by Greg MeckbachAdjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it…
How auto accident defendants who admitted liability were awarded $61,000 in costs
July 11, 2019 Colin Perkel - THE CANADIAN PRESSTORONTO – A woman awarded $50,000 by a jury for injuries suffered in a car crash will have to pay more than $61,000 to cover the costs of the two men she sued, even though losers in a lawsuit are…
How slip-and-fall lawsuit rules could change in Ontario
July 10, 2019 by Greg MeckbachDefending personal injury claims arising from slips and falls on ice could become easier for your Ontario clients this winter, based on a proposed change to the province’s deadline for serving notice about starting such lawsuits. In Ontario, plaintiffs wanting…
Optional benefits priority ruling could create “administrative nightmare” for auto insurers
July 9, 2019 by David GambrillAn insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming…
Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?
July 4, 2019 by Greg MeckbachA 40-year-old, Canada-wide cap on pain and suffering awards could be out of date, a personal injury lawyer suggests. The Supreme Court of Canada imposed a $100,000 cap on awards for non-pecuniary damages in 1978, as the personal injury law…
How coverage for “idea misappropriation” landed this insurer in court
July 3, 2019 by Greg MeckbachCommercial coverage for advertising liability could be a little broader than some underwriters may think. In a decision rendered on a coverage dispute, British Columbia’s appeal court ruled on June 28 that Lloyd’s Underwriters has a duty to defend Blue…
Why Canadian caps on pain and suffering awards could face court challenge
June 27, 2019 by Greg MeckbachLegislated limits on pain and suffering awards, which are meant to manage liability insurance costs, could conceivably be challenged in court, a Canadian personal injury lawyer suggests. South of the border, the Kansas Supreme Court recently held that a state…
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…
Where insurance fits into bicycle accidents
June 26, 2019 by Greg MeckbachIf you have clients who are riding their bikes this summer, how does liability insurance work if they get into an accident? “Specialty cyclist insurance policies do exist, but my understanding is they are not very common,” said Ari Krajden,…
Why LAT’s first catastrophic impairment case must be re-heard
June 25, 2019 by Greg MeckbachThe Ontario Licence Appeal Tribunal [LAT]’s first ruling on a disputed catastrophic impairment claim is now officially quashed, the province’s appeal court confirmed in a decision released Friday. As it stands, the disputed claim now has to go before a…