The insurer was added as a defendant to an action after the limitation period running from the date of the motor vehicle accident had expired due to discoverability issues but the insurer was at liberty to plead a limitation defence

Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Discoverability – Practice – Parties to action – Adding a party Bhatt v. John Doe, [2018] O.J. No. 759, 2018 ONSC 950, Ontario Superior Court of Justice, February 9, 2018, Master B. McAfee The plaintiffs were passengers ...

Approval of infant settlement delayed because lawyer’s contingency fee agreement was unreasonable

10. January 2018 0
Approval of an infant settlement was delayed because the lawyer’s contingency fee agreement was unreasonable. Insurance law – Practice – Settlement of action Fairweather v. Davies, [2017] O.J. No. 6180, 2017 ONSC 7051, Ontario Superior Court of Justice, November 27, 2017, J.K. Trimble J. The infant plaintiffs suffered minor injuries in a motor vehicle accident.  Their mother served as their ...

Coverage for rental property excluded under vacancy exclusion despite insured living in a trailer beside the home while it was under renovation

10. January 2018 0
Coverage was excluded for a rental property under the vacancy exclusion despite the insured living in a trailer beside the home while it was under renovation. Insurance law – Homeowner’s insurance – Exclusions – “Resident” – “Vacant” – Definition – Terms of policy Taylor v. Co-operators General Insurance Co., [2017] A.J. No. 1232, 2017 ABQB 705, Alberta Court ...

Additional insureds entitled to appoint and instruct their own counsel due to inherent conflict of interest

10. January 2018 0
Additional insureds were entitled to appoint their own counsel due a conflict which arose because the mix of covered and uncovered claims meant that the additional insureds’ defence directly conflicted with the pecuniary interests of the insurers and there was a risk information obtained for defence purposes might be used against the additional insureds for ...

Fire loss caused by tenant’s negligent maintenance of a motor vehicle is excluded from coverage

10. October 2017 0
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance; Fire; Landlord and tenant; Exclusions; Action; Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of Justice, August 14, 2017, M.D. ...

BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence

10. October 2017 0
The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no evidence as to what caused the plaintiff to fly from his bike, or that the unidentified vehicle had moved at all prior to the accident. Automobile insurance; Statutory provisions; Negligence; Action; Summary trial; ...

Stolen ATV covered for SABS benefits under umbrella policy of priority insurer

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 ...