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Category Archives: Insurance News
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
Posted in Auto, Uninsured or Underinsured
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Upon Payment of Policy Limits, Insurer No Longer Owes Duty to Defend
In a very significant decision, released yesterday, Justice Harrison Arrell has ruled that an automobile insurer that had paid its policy limits plus costs no longer owed any duty to defend its insured. In Dominion of Canada v. Kingsway Insurance, … Continue reading
Posted in Duty to Defend, Insurance News
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Court Finds Insurer Not Bound in Tort Action By Positions It Took in SABS Dispute
In Anand v. Belanger, Justice David Stinson considered whether State Farm Insurance, which had been sued in this case by virtue of its uninsured motorist coverage, was bound by admissions that it had made about the plaintiff’s condition in its … Continue reading
Posted in Auto, Insurance News
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C.A. Splits 3-2 Against Routinely Allowing Recording of Defence Medical Exams
In Adams v. Cook, a five-member panel of the Court of Appeal declined to change the ground rules laid down in 1992, in Bellamy v. Johnson (1992), 8 O.R. (3d) 591(C.A.), as to when an audio recording of a defence medical examination … Continue reading
Posted in Discovery, Insurance News, Practice and Procedure
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Tort Insurer Can’t Call AB Doctors as Experts
In an important new decision, Mr. Justice J. Patrick Moore has refused to allow the defendant in a personal injury action to adduce expert testimony from three physicians who examined the plaintiff in connection with a claim for statutory accident … Continue reading
Posted in Auto, Evidence, Insurance News, Trial Procedure
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No “Semblance of Relevance” to Information about Insurer’s Claims Reserve
Lin v. Belair Insurance Company Inc. was an action for accident benefits consequent upon a serious motor vehicle accident. The plaintiff sought to compel production of some internal emails of the insurer, dealing with the setting of reserves for the claim. … Continue reading
Posted in Discovery, Insurance News
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Court Finds Duty to Defend Action Based on Negligent Misrepresentation by Vendor of Home
UPDATE The Court of Appeal dismissed an appeal from this decision on October 6, 2010, in very brief reasons: “It is uncontested that the appellant insurer has the onus to show that the exclusion is clearly and unambiguously operative. It … Continue reading
Posted in Duty to Defend
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Bill 198 a “Codification” of Meyer v. Bright, says Ferguson J.
In Hayden v. Stevenson, Madam Justice Jane E. Ferguson of the Ontario Superior Court held that the Bill 198 amendments to the Insurance Act are a “codification of existing law” and in doing so, sided with Madam Justice Morissette in Nissan v. … Continue reading
Posted in Auto, Insurance News, Threshold
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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
Posted in Auto, Insurance News, Uninsured or Underinsured
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Court Finds Duty to Defend but Refuses Insured’s Request to Appoint Own Counsel
In PCL Constructors Canada v. Lumbermens Casualty Company Kemper Canada, Madam Justice Julie A. Thorburn dealt with the recurring problem of whether an insurer owes a duty to defend and if so, whether the insured is entitled to have its own counsel … Continue reading
Posted in CGL, Duty to Defend, Insurance News
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