Duty to Defend Goes Too Far?
Damon Tedford was being sued in regard to certain representations he made on a seller property information sheet by the person to whom he sold property in Ottawa. He submitted the claim to his insurer (TD Insurance — The decision...
FSCO Allows Insurer’s Appeal over WSIB Issues
A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim. In Balendra v. Security National, the claimant was working as a parking lot attendant...
FSCO: Man Injured while Repairing Vehicle not in “Accident”
A FSCO arbitrator has ruled that a man who fell off a truck while repairing it was not involved in a motor vehicle accident for the purpose of receiving accident benefits. In Olesiuk v. Kingsway, John Earl Olesiuk was injured...
ONCA: Single Vehicle Accident Caused Solely by Driver’s “Recklessness”
The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident. His family sued...
The Insuring Agreement: Key Concepts of Fortuity, Accident, Occurrence, and Property Damage
CLEBC Insurance Law Conference
Consumers Slow to Add New Optional SABS Coverages
FSCO’s August 30, 2011 Auto e-Newsletter contained the results of a survey the Commission conducted to find out whether consumers were buying the optional benefits available under the new SABS (policies issued/renewed on or after September 1, 2010). The results are...
Defence Medical Reports Ordered to be Produced at FSCO
In the Sros (Elizabeth) Thi Thach v. State Farm Mutual Automobile Insurance Company, the applicant provided her experts in the AB claim with a copy of the defence medical reports completed in the companion tort action. She refused to produce a...
Man Attacked by Thugs was in Car “Accident”, Gets Benefits
An Ontario Superior Court judge has ruled that an accident benefits claimant, whose loss occurred when he was assaulted by thugs at a gas station, was involved in an “accident” for the purpose of the SABS. In Downer v. The...
FSCO Claimant Loses Missed 90-Day Limitation Period Appeal
FSCO has allowed an insurer’s appeal in a case over whether the claimant filed for arbitration too late. In Pilot v. Tyler, the insurer denied the claimant’s claim for non-earner benefits. Section 281.1 of the Insurance Act provides a two-year...
Holy Cow! ONCA Rules Domain Names are “Intangible Property”
The Ontario Court of Appeal has ruled that an Internet domain name is “intangible personal property”. The finding could have an impact on insurance coverage issues for “cyber property” claims in Ontario. In Tucows.Com Co. v. Lojas Renner S.A., Renner (a...
