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 ...

Landlord precluded from claiming against tenant for losses arising from a fire due to covenant to insure in the lease

12. September 2017 0
Plaintiff landlord precluded from claiming against defendant tenant for losses arising from a fire due to a covenant to insure in the lease. Property insurance; Fire insurance; Landlord and tenant; Subrogation Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2017] O.J. No. 3493, 2017 ONSC 3982, Ontario Superior Court of Justice, July 5, ...

Ontario Court of Appeal rules insurer not required to provide justification for their decision to request an examination under oath

12. September 2017 0
A general statement of the purpose of an examination under oath is sufficient notice under s. 33(2) of the Statutory Accident Benefits Schedule under Ontario’s Insurance Act. Automobile insurance; Statutory Accident Benefits Schedule; Appeals; Policies and insurance contracts; Rights and duties of insurer; Statutory provisions Aviva Insurance Co. of Canada v. McKeown, [2017] O.J. No. 3482, ...

Nova Scotia Court of Appeal upholds finding that “reckless” pre-contractual misrepresentations made by insured are not excused by the errors and omissions endorsement; reverses finding of liability against broker on basis that trial judge erred in formulating standard of care

08. August 2017 0
An errors and omissions endorsement does not relieve an insured of material misrepresentations made at the time of application for insurance. Fire insurance; Coverage; Interpretation of policy; Misrepresentation in obtaining insurance; Agents and brokers; Duties and liabilities of agent Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2017] N.S.J. No. 235, ...

“Transmission of force” doctrine applied in priority dispute

08. August 2017 0
The “transmission of force” doctrine did not apply to a motor vehicle that collided with a second motor vehicle, thereby diverting the second vehicle, which then hit a pedestrian. Automobile insurance; Benefits; Statutory provisions; Statutory Accident Benefits Schedule; Priority coverage; Leave to appeal; Standard of review Unifund Assurance Co. v. ACE INA Insurance Co., [2017] O.J. ...