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MT Insurance Law Blog
Court Finds Nexus even though Claimant Declines Policy
November 16, 2012
The Superior Court has found another “sufficient nexus” in a battle between two insurance companies. In Zurich v. Chubb, the claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency. She had an accident...
When is a Commercial Vehicle “Heavy”?
November 11, 2012
A Superior Court judge has allowed an appeal in a loss transfer matter considering the “weight” of a vehicle for loss transfer purposes. In Republic Western v. Economical, the claimant was driving a 4-door Toyota insured with Economical when she...
ONCA Rules on Regular Use
October 11, 2012
The Court of Appeal has just released its decision in Kingsway v. Gore and Security National v. Markel dealing with regular use issues. Both matters dealt with similar facts, namely: A truck driver (contractor, sole proprietor) owns a truck and...
The Trials and Tribulations of Wen and Shen
October 3, 2012
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On September 20, 2012, Justice Stevenson of the Ontario Superior Court of Justice in the decision of Wen v. Unifund Assurance Company, ordered that the insureds in this case “must take responsibility for their own actions and for their own...
ONCA Reverses Pastore
September 27, 2012
The Court of Appeal for Ontario has released its decision in Pastore v. Aviva, allowing the appeal and restoring the Director’s Delegate’s order. In Pastore, the claimant was involved in a car accident on November 16, 2002. She suffered a...
FSCO approves medicinal marijuana: shocking, but for a different reason
September 19, 2012
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There is always controversy regarding the approval of novel treatment modalities, and medical marijuana is no different. At first blush it seems sensational that marijuana would be approved as a reasonable and necessary treatment, as was decided in T.N. and...
Grandma isn’t Always to Blame
September 19, 2012
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Juliet Bratanov’s 18 year old grandson used her van to run-down and kill Kevin Persaud after a drug deal gone bad. Persaud’s family consequently commenced an action against Bratanov claiming that Bratanov was vicariously liable for the actions of her...
ONCA: Lessee Entitled to Recovery for Property Damage Under Lessor’s Policy
September 17, 2012
A recent Ontario Court of Appeal decision has addressed the extent to which a lessee is covered by a lessor’s auto insurance policy for property damage that the lessee incurred to its cargo in an accident. In Siena-Foods Ltd. v....
Attendant Care: Beware
September 14, 2012
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Insurers defending retroactive claims for Attendant Care Benefits on the basis of a claimant’s failure to submit an “Application for the Benefit” by means of an Assessment of Attendant Care Needs – Form 1 (“Form 1”) had best beware. Until...
Split ONCA Rules IE Expenses Not Recoverable in Loss Transfer
September 11, 2012
In a 2-1 split, the Court of Appeal for Ontario has held that the provincial loss transfer scheme does not allow a first party insurer to recover from the second party insurer any insurer examination expenses relating to accident benefits....
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
