Where an automobile is leased or rented and involved in a motor vehicle accident, section 277(1.1) of the Insurance Act, sets out the order in which insurance policies are to respond. The section states that “the third party liability provisions of any available motor vehicle liability policies shall respond” in the following order: insurance available [...]
In the recent decision of Matheson v. Lewis, 2014 ONCA 542, the Ontario Court of Appeal was asked whether an unmodified all-terrain vehicle owned by a farmer and used in farm operations was a “self-propelled implement of husbandry” and therefore not subject to the province’s compulsory motor vehicle liability insurance regime.
The recent Ontario Superior Court decision of Azzopardi v. John Doe and The Personal Insurance Company [“Azzopardi”] appears to to lower the threshold for the types of corroborative evidence that Ontario courts will accept when considering a party’s entitlement to under-insured coverage in accidents involving unidentified vehicles. Under-insured motorist coverage where an unidentified motorist is [...]
Back in September, Colin Chant enlightened us on the topic of insurance coverage where an insured drives without a licence. Justice Wood of the Superior Court of Justice concluded that Barbara Kozel, a 77-year-old who had severely injured a motorcyclist in a motor vehicle accident in Florida, was entitled to insurance coverage even though she [...]
Are you handling a case involving a motor vehicle accident which occurred between March 1, 2006 and January 1, 2008? Is there a leasing company involved? Even if your answers are no and no, you won’t want to skip this fascinating blog post.
Karen Martin was away from home one weekend and her son, Randy, took her car and was involved in a tragic accident that killed two young persons and seriously injured two others. Randy was criminally charged and pleaded guilty. The criminal case included an admission by Randy that he was driving his mother’s car without [...]
A man walked into a car rental office and rented a car. He was on a business trip. While driving the rented car, the man is involved in a collision with the plaintiff. The man’s insurer said that since the man was on business the real renter of the car was the man’s employer, and [...]
In the recent decision Jevco Insurance Co. v. Malaviya, 2013 ONSC 675, the Ontario Superior Court of Justice held that in the context of Ontario’s Standard Automobile Policy (OAP 1), a primary insurer has an ongoing duty to defend its insured, even where the insurer has offered to pay the policy limits.
The Ontario Legislature works in weird and mysterious ways, sometimes. When it is not prorogued or debating setting inquiries into the cancellation of power plants, the Legislature will sometimes issue laws which seem, well, contradictory. Take the deduction of collateral benefits in car accident cases.