Ontario Court of Appeal rules Minnesota is an “Inadequately Insured Motorist”

15. November 2017 0
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy; Practice – Leave to appeal – Standard of review; Damages ...

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; ...

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, ...