Category Archives: Uninsured or Underinsured

Issues relating to uninsured and underinsured motorist coverage.

C.A. Says Statutory Conditions Don’t Apply to Uninsured Auto Coverage

Last Friday, the Court of Appeal ruled that the statutory conditions in a standard automobile policy do not apply to the uninsured automobile coverage that is mandated by s. 265 of the Insurance Act. In Bruinsma v. Cresswell, the plaintiff was … Continue reading

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Master Pope Refuses To Add Insurer in OPCF-44R Claim

Vogler v. Lemieux, 2012 ONSC 1692 is an interesting case and, to me, a bit puzzling. I am hoping that one of the readers of this blog can clear things up for me. The plaintiff was injured in a single … Continue reading

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C.A. Says Action Against Underinsured Insurer Can Proceed Even After Plaintiff Settles with Tort Insurer for Less Than Policy Limits

The Court of Appeal has handed down a ruling that is important for auto insurers. The Court has held that an injured plaintiff can still sue his or her own insurer, pursuant to an OPCF-44R underinsured motorist endorsement, even after … Continue reading

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C.A. Says Plaintiffs Claiming Under Uninsured Motorist Coverage Need Not Pursue Insured Potential Joint Tortfeasors

Ontario auto insurers received some bad news last week from the Court of Appeal . In Loftus v. Security National Insurance Company, the Court upheld the ruling of Mr. Justice Barry MacDougall, which we reported on a little over a year ago. … Continue reading

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Not “Quantum of Solace” But “Quantum of Claims”

In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not … Continue reading

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Judge Says Plaintiff Not Required to Pursue Claim Against Tortfeasor As Condition of Accessing Uninsured Motorist Coverage

[Addendum: This decision was upheld by the Court of Appeal on August 21, 2009.] Ontario auto insurers might be surprised to learn that the Insurance Act and the standard auto policy do not require persons claiming against the uninsured motorist coverage to pursue anyone whose negligence … Continue reading

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Action Against Insurer Pursuant to Uninsured Motorist Coverage Can Proceed Where Vehicle Driven Without Consent

In this case, Allianz Insurance was unsuccessful in its motion for summary judgment, dismissing a claim under its uninsured motorist coverage. In George v. George, the plaintiff rented a car from the defendant Enterprise-Rent-A-Car. He purchased insurance that included uninsured … Continue reading

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C.A. Says UIM Coverage Applies to “Every Person Who Is Entitled to Statutory Accident Benefits”

In McArdle v. Bugler, the Court of Appeal today held that a passenger in an uninsured vehicle, which had collided with another vehicle, was entitled to uninsured motorist insurance coverage applying to the second car. It held that the narrow … Continue reading

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C.A Says Underinsured Auto Endorsement Does Not Cover Accident in Jamaica

In Pilot Insurance Company v. Sutherland, the Court of Appeal (Justices Rosenberg, Gillese and Lang) allowed an appeal from a decision of Madam Justice Margaret Eberhard of the Superior Court. Her Honour had held that a territorial limitation contained in … Continue reading

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Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue

In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading

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