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 [...]
In the recent decision D’Ettorre v. Coachman Insurance Co., 2012 ONSC 3613, the Ontario Superior Court of Justice on judicial review concluded that an assignment of a plaintiff’s Statutory Accident Benefits as part of a settlement of a tort claim was impermissible at law.
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 [...]