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. ...

Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim

08. August 2017 0
Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim. Group insurance; Long term disability benefits; Total disability; Statutory provisions; Damages; Tort claims; Summary judgments Wilken v. Sun Life Assurance Co., [2017] O.J. No. 3019, 2017 ONSC 3609, Ontario Superior Court of Justice, June 12, ...

Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle

08. August 2017 0
Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle. Automobile insurance; Ownership of vehicle; Duty to defend; Interpretation of policy; Summary judgments Hoang (Litigation guardian of) v. Personal Insurance Co. of Canada, [2017] O.J. No. 3061, 2017 ONSC 3649, ...

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 of ...