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 [...]
Goodyear Canada Inc. manufactured a rubber product used to make gaskets, which contained asbestos. The asbestos-containing product was shipped to the United States for use in the ship building industry. In the 1970s and 1980s, Goodyear found itself engulfed in what the Ontario Court of Appeal recently described as a “tsunami” of U.S. asbestos litigation. [...]
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.
Maria Papapetrou v. 1054422 Ontario Limited, The Cora Group Inc. and Collingwood Landscape Inc.¹ We have all come across a situation where pursuant to a contract for services, A was to name B as an additional insured under its insurance policy but failed to do so. Naturally, B would then demand that A’s insurer assume [...]
In the recent decision Kereluik v. Jevco Insurance Company, 2012 ONCA 338, the Court of Appeal ruled in on whether an insured who clearly acts outside of the law can still be authorized by law to drive within in the meaning of s.4(1) of O.Reg. 777/93 of the Insurance Act (“Condition Four”). This case provides [...]
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 [...]
In violation of a statutory condition of his insurance policy, a young man with a G2 license was driving with a blood alcohol level over one and a half times the legal limit. The young man was involved in a car accident. His passengers were injured and they sued. His insurance company, RBC, denied coverage. This denial, however, would not withstand the scrutiny of the courts and [...]
On April 13, 2011 the Court of Appeal released a decision that will change the way motor vehicle accident cases are defended in situations where a defendant was driving or had leased a rented vehicle. The case of Nguyet v. King, , O.J. No. 1699 (ONCA), stands for the proposition that even if the lessee’s [...]