The insurers were ordered to pay the insureds’ legal fees after acknowledging a duty to defend despite the fact that the fees incurred were almost double what the insurers stated was reasonable. However, the insureds were only awarded a small portion of the fees claimed after the insurers acknowledged the duty to defend as the ...
An insurer who acquired ownership of a stolen ATV was obliged to provide statutory accident benefits under the Ontario Statutory Accident Benefits Schedule to an infant injured while riding the ATV two days after the insurer had acquired ownership. Insurance law – Automobile insurance – Statutory Accident Benefits – Commercial general liability insurance – Umbrella ...
The insurer’s application for an order compelling the insured to undergo neuropsychological testing was dismissed as neuropsychological or cognitive function had not been put at issue and no treatment providers or experts had recommended it. Insurance law – Practice – Examination for discovery – Disability insurance – Medical examination – Policies and insurance contracts – ...
The insurer’s agreement to continue paying disability benefits to a previously disabled employee did not amount to a contract of insurance obligating the insurer to continue payments until age 65 after the insurer ceased acting as the employer’s insurance provider. Insurance law – Actions – Disability insurance – Long term disability – Future benefits – ...
In defence to a subrogated claim, a defendant raised the defence of set-off in relation to monies owed to it by the insured. Whether this was a valid defence in a subrogated action was a complex legal issue which raised triable issues and was not suitable for determination on summary trial. Insurance law – Subrogation ...
Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Insurance law – Actions – Duty to defend – Third parties – ...
The insured sought coverage under a homeowner policy after suffering a financial loss as a result of her voluntary participation in what turned out to be a fraudulent scheme. The denial was upheld at trial on the basis of the trickery and fraud exclusion. Insurance law – Homeowner’s insurance – Policies and insurance contracts – ...
The insured was rear-ended in a motor vehicle accident. The insurer paid for the repairs to the insured’s vehicle, but refused to compensate the insured for the diminished value of the vehicle. The insured commenced a small claims action for the diminished value and the insurer brought a motion to strike the claim on the ...
The limitation period began to run from the date the insured received a denial letter notifying him that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence ...
