Insured’s fleet policy excludes underinsured motorist coverage, but coverage found in personal vehicles’ policy

09. March 2018 0
A notation of “PP/LC” which qualified a grant of underinsured motorist coverage excluded coverage for the insured as he was neither a private passenger nor driving a light commercial vehicle, but coverage was found in another policy with a similar underinsured motorist coverage clause that did not contain the qualifying notation. Insurance law – Automobile ...

Insured awarded mental distress and punitive damages where insurer found to have failed to act in good faith in the handling of the insured’s disability claim

09. March 2018 0
The insurer was found to have failed to act in good faith in the handling of the insured’s disability claim and the insured was awarded mental distress and punitive damages. Insurance law – Disability insurance – Punitive damages – Mental distress – Medical examination – Good faith Godwin v. Desjardins Financial Security Investments Inc., [2018] ...

Insurer required to pay settlement agreement on behalf of insurer despite his having operated a snowmobile contrary to the terms of his criminal probation order

10. January 2018 0
An insured who operates a motor vehicle contrary to a criminal court order is nevertheless authorized to operate a motor vehicle pursuant to Statutory Condition 4(1). Insurance law – Automobile insurance – Statutory provisions – Exclusions – Appeals; Practice – Settlement of action Middleton v. Pankhurst, [2017] O.J. No. 5661, 2017 ONCA 835, Ontario Court of Appeal, November 2, ...

Lessor not entitled to third party liability coverage under policy placed by lessee where the policy does not name lessor as an insured

10. January 2018 0
A lessor was not entitled to third party liability coverage under a policy placed by the lessee as the policy did not name the lessor as an insured. Insurance law – Automobile insurance – Lessors and lessees – Third parties – Interpretation of policy – Cancellation of policy Coast Capital Equipment Finance Ltd. v. Old ...

Employer’s automobile insurance policy does not provide underinsured coverage to employee who rented an automobile

12. September 2017 0
Employer’s automobile insurance policy did not respond to a motor vehicle accident involving an employee in a rental vehicle which was itself insured as required by law. Automobile insurance; Family compensation and fatal accident claims; Underinsured motorist; Interpretation of policy; Priority coverage Macrae v. Liberty International Underwriters, a Division of the Liberty Mutual Insurance Co., [2017] O.J. No. ...

Insured entitled to statutory accident benefits after spilling hot coffee on herself while in McDonald’s drive-through

12. September 2017 0
An insured who spilled coffee on herself as she transferred coffee from the drive-through window at a McDonald’s to the cup holder in her car was entitled to statutory accident benefits under her automobile insurance policy. Automobile insurance; Causation; Test; No-fault coverage; Statutory provisions; Policies and insurance contracts Dittmann v. Aviva Insurance Co. of Canada, [2017] O.J. No. ...

Medical expenses incurred by insured while outside of Canada are not excluded by the policy

12. September 2017 0
Having been advised by his treating physicians that his condition was stable, that he was safe to travel, and that further testing could wait until after his travels, the medical expenses incurred by the insured while outside of Canada were not excluded by the policy. Group insurance; Interpretation of policy; Exclusion clauses; Pre-existing condition; Medical ...

Elderly mother injured in motor vehicle accident is not principally dependant on daughter for care and therefore not insured under daughter’s automobile policy

12. September 2017 0
The care provided to an elderly mother by a long-term care facility was greater quantitative care than the care provided by her daughter such that the mother was not principally dependant on her daughter for care and therefore was not an insured under her daughter’s automobile policy. Automobile insurance; Accident; Dependent care; Priority coverage; Statutory ...