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MT Insurance Law Blog
Ontario Regulation 194/11 – Dealing With Suspect Claims Under the SABS
June 13, 2011
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Ontario Regulation 194/11 takes effect July 1, 2011.The Regulation will allow insurers to challenge claims suspected to be fraudulent. With respect to clinics, the treatment providers are obligated, upon request, to produce: Any information required to assist the insurer in...
Bank loses unencrypted CDs containing customers’ data
June 7, 2011
Scotiabank confirmed on Monday that three CDs containing unencrypted information, such as customer social insurance and account numbers, were lost in its internal mail system. The data included names, mailing addresses, social insurance numbers, account types, and numbers for registered...
ONCA Case Means Plaintiffs Must Prove Policy Breach
June 2, 2011
The Ontario Court of Appeal has allowed an appeal of an Order dismissing the plaintiffs’ action against their excess carrier, made under the Family Protection Endorsement (OPCF 44R) on their auto policy. The OPCF 44R endorsement is intended to protect...
FSCO Arbitrator Calls Slip & Fall a Motor Vehicle Accident
June 1, 2011
FSCO Arbitrator Joyce Miller has ruled that a claimant who slipped on ice after exiting her car, and after walking around the front of the car toward the curb, was involved in a motor vehicle accident for the purpose of...
SCC Deals with Falling Trees; Falling Leaves
May 19, 2011
The Supreme Court of Canada released two leave to appeal judgments today of interest. One application for leave was granted. The other was dismissed: In Allstate v. Primmum, a resident of Ontario was injured when he was struck by a...
All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) – CAT Impairments
May 16, 2011
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The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. Anna Pastore was involved in a car accident on November 16, 2002. She suffered a fractured left ankle. She had numerous surgeries and ultimately applied for...
Invasion of Privacy Tort could Cause Insurers New Headaches
May 11, 2011
Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. The case under appeal is called Jones v. Tsige (March 23, 2011). Sandra Jones and the Winnie Tsige worked...
Sony Data Breach Raises Insurance Issues
May 6, 2011
On April 19, 2011, Sony suffered a massive breach in its video game online network that led to the theft of names, addresses and possibly credit card data belonging to 77 million user accounts. The company could not rule out...
Girlfriend’s evidence can be “corroborative” under OPCF 44R
May 3, 2011
The Ontario Court of Appeal released a decision today discussing the meaning of “other material evidence” and “independent witness evidence” under the OPCF 44R (Family Protection Endorsement). In Pepe v. State Farm, Massimo Pepe was injured in a single-car accident. Shirley Aguirre,...
Limitations Act Does Not Apply to Priority Disputes
May 2, 2011
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Markel and Co-operators (March 31, 2011 – Samis) Markel had not commenced arbitration within one year. It argued that the Limitations Act applies and not Ontario Regulation 283/95. Section 7 of Ontario Regulation 283/95 requires the insurer to initiate arbitration...
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.
