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Duty to Defend

NO LICENCE, NO COVERAGE – RIGHT? WRONG.

By Sandeep Samra

May6

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 [...]

Posted in Auto Insurance, Automobile Accidents, Insurance Coverage | Tagged Automobile Coverage, Car Accident, Duty to Defend, Insurance Act, Statutory Conditions

Stonewalled. And may a thousand deductibles fly up your nose

By Ian Mair

Jun20

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. [...]

Posted in Insurance Coverage | Tagged Asbestos Litigation, Duty to Defend

No End to the Duty to Defend

By –Staff

Apr30

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.

Posted in Auto Insurance | Tagged Accident Benefits, Automobile Coverage, Duty to Defend, Insurance Act, Insurance Coverage

The Other Guy Didn’t Add You As an Insured? What Now?

By Forough Ghorbani

Sep5

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 [...]

Posted in Insurance Coverage, Insurance Defence, Occupiers’ Liability | Tagged Duty to Defend, Slip and Fall

It Might Not Be Legal, but It’s Authorized

By Bronwyn Martin

Jun19

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 [...]

Posted in Auto Insurance | Tagged Authorized by Law, Car Accident, Duty to Defend

Oops. Sorry. I Thought He Had a Driver’s License

By Forough Ghorbani

May2

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 [...]

Posted in Auto Insurance, Automobile Accidents, Insurance Coverage | Tagged Automobile Coverage, Car Accident, Duty to Defend, Statutory Conditions

The Morning After the Night Before: When is Zero Tolerance Not?

By Forough Ghorbani

Dec5

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 [...]

Posted in Auto Insurance | Tagged Alcohol, Car Accident, Duty to Defend, Statutory Conditions

Lessee’s Insurer Need Not Defend Lessor

By Sandra MacKenzie

Jul4

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, [2011], O.J. No. 1699 (ONCA),  stands for the proposition that even if the lessee’s [...]

Posted in Insurance Coverage | Tagged Duty to Defend, Leased Vehicle, Priority of Insurance Policies, Rented Car

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