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 [...]
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 [...]
The law has at times struggled to make sense of the changing nature of modern relationships. With more and more people delaying marriage, and living together in relationships that fall outside of marriage, the courts have been forced to address the circumstances under which non-married persons qualify as spouses for insurance purposes. The recent Ontario [...]
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.
How cautious does someone have to be when allowing a friend or employee borrow their car? Do you need to ask to see their driver’s license and check the expiry date to ensure that your insurance policy will cover you for any potential accidents? The recent case Wawanesa v. S.C. Construction Ltd.¹ demonstrates that the [...]