Ontario Court of Appeal Confirms Insurer Examination Expenses Not Recoverable Under Loss Transfer Provisions
In September 2012, the Ontario Court of Appeal in Wawanesa Mutual Insurance Company v. Axa Insurance (Canada) 2012 ONCA 592 upheld in a 2 to 1 decision a Superior Court decision affirming an arbitration decision which held that costs relating to insurer-generated assessments conducted to assess a claimant’s entitlement to statutory accident benefits were not [...]
Does This Luggage Make Me Look Fat? Heavy Commercial Vehicles and Loss Transfer Claims
Smash! A small car is rear-ended by a tractor-trailer, and people are hurt. This is how a lot of “loss transfer” cases start. “Loss transfer” is a statutory mechanism which requires the insurer of a heavy commercial vehicle involved in a car accident to reimburse the insurer of the other vehicle (provided it is not [...]
No Longer Lost: Court of Appeal Rules on Loss Transfer Limitation Periods
In October 2011, Mike Kealy wrote a gripping blog entry on Loss Transfer Limitation periods, which, like an Adam West-era episode of Batman, left us hanging in suspense and uncertain as to the outcome. The Court of Appeal has given us an ending in the form of its April 2012 reasons for judgment in Markel [...]
Loss Transfer Limitation Periods: Are We Lost or Limited?
When does the limitation period start to run on a loss transfer dispute? Until recently, this question was answered with reference to the Court of Appeal’s 2005 decision State Farm v. Dominion, in which the Court held that a “rolling limitation” applies (under the pre-2004 Limitations Act), such that a new limitation period arises with [...]