Motor Vehicle Policy Found Not to be Assignable

Motion for summary judgement brought against the insurer by a plaintiff who claimed to be an assignee of the insured’s automobile policy. The action was dismissed. The policy was not assignable in the circumstances. Alternatively, the policy had not been breached and therefore no cause of action was available to the insured or an assignee. Insurance law ...

Contractual Limitation Period for Claiming Against Excess Motor Vehicle Insurer Runs from Time the Insured Accumulates a Body of Evidence

15. January 2015 0
Contractual limitation period for making a claim against an excess motor vehicle insurer began to run from the time the insured had accumulated a body of evidence which would give him a reasonable chance of demonstrating that his claim exceeded the limits. Further, it was equitable in the circumstances that the insured was granted a ...

An Insurer had a Duty to Defend a Municipality

07. November 2014 0
The insurer was obligated to assume the defence of an additional named insured because all the plaintiff’s claims potentially arose out of or were related to the primary insured’s operations. Sinclair v. Markham (Town), [2014] O.J. No. 4202, 2014 ONSC 1550, Ontario Superior Court of Justice, September 10, 2014, E.P. Belobaba J.