Insured entitled to coverage under Alberta Standard Automobile Policy following accident involving an unidentified vehicle

Insured entitled to coverage under Alberta Standard Automobile Policy SPF # 1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy; Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court ...

Court not required to determine the threshold issue where there has been no award for health care costs or non-pecuniary loss

Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if amount awarded for pain and suffering is zero. Insurance law – Automobile insurance – Statutory provisions – Non-pecuniary damages – Threshold requirement; Damages; Actions Grajqevci v. Rustaie, [2017] O.J. No. ...

Insurers in Ontario are not required to advise their insureds of the applicable limitation period when denying or discontinuing insurance benefits

Insurers in Ontario are not required to advise their insureds of the applicable limitation period when denying or discontinuing insurance benefits. Appeals – Accident and sickness insurance – Total disability; Policies and insurance contracts – Limitation of actions – Running of limitation period – Statutory provisions – Good faith – Summary judgment; Insured – Rights ...

ONSC dismisses constitutional challenge – Sections 267.5(1) and 280 of the Insurance Act do not violate the Canadian Charter of Rights and Freedoms

Sections 267.5(1) and 280 of the Insurance Act, R.S.O. 1990, c. I.8, do not violate sections 15 and 7 of the Canadian Charter of Rights and Freedoms. Automobile insurance – Statutory provisions; Interpretation of legislation – Constitutional issues; Charter of Rights Campisi v. Ontario (Attorney General), [2017] O.J. No. 2777, 2017 ONSC 2884, Ontario Superior Court of Justice, May 31, 2017, E.P. Belobaba ...

Use of non-compliant excluded driver form did not void endorsement in insurance coverage dispute

Use of an endorsement form not approved under s. 227(1) of the Insurance Act does not necessarily invalidate an agreement between the parties about exclusion from insurance coverage. Insurance law – Automobile insurance – Exclusions – Uninsured motorist – Duty to defend – Statutory provisions; Appeals Royal & Sun Alliance Insurance Co. of Canada v. Intact Insurance ...

Insured not entitled to long-term disability benefits under an insurance policy held by former employer

The plaintiff was not entitled to long-term disability benefits under an insurance policy held by his former employer because the plaintiff did not make his claim until after his employment ceased. MacIvor v. Pitney Bowes Inc., [2017] O.J. No. 1161, 2017 ONSC 1550, Ontario Superior Court of Justice, March 7, 2017, A. Pollak J. On April 16, 2005, the plaintiff ...

Dispute clause allowing insurer to defer its indemnity obligations where dispute exists may be enforceable even where insurer is subrogated to the dispute rights

A dispute clause allowing an insurer to defer its indemnity obligations in cases where a dispute exists between an insured and a third party, may be enforceable, even where the insurer is subrogated to the disputed rights and has effective control over the resolution of that dispute. Bassett & Walker International Inc. v. Export Development ...

BCSC finds innocent insured is entitled to coverage following fire damage to leased truck – Judge cautions insurers to avoid obscure legal terms or concepts beyond the understanding of the ordinary insured

Vehicle damage arising from a lessee’s arson does not fall within the conversion exclusion clause in Division 5 of the ICBC Autoplan Optional Policy, and an innocent lessor may accordingly be entitled to coverage. CIT Financial Ltd. v. Insurance Corporation of British Columbia, 2017 BCJ No 753, 2017 BCSC 641, British Columbia Supreme Court, April 20, 2017, N. Kent ...