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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...
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Judge Rejects NEB Claim; Plaintiff Qualified for IRBs
The Superior Court has released an interesting summary judgment decision about whether a claimant who was employed at the time of the accident – but not necessarily disabled from returning to work – could still qualify for a non-earner benefit...
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Sony insurer challenges cyber liability claim; denies coverage
On May 6, 2011, we blogged about Sony’s unfortunate data breach incident, which exposed account data on close to 100 million individuals, and compromised over 12 million credit and debit cards. On July 20, 2011, Zurich Insurance issued a Complaint...
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Arbitration Stayed Until The Applicant Attends Insurer’s Examination
In the Gonsalves and Certas Direct Insurance Company case, (Divisional Court – July 13, 2011, Court File No. 87/10) the respondent, Denise Gonsalves sought payment of a non-earner benefit from Certas. The arbitration was scheduled to commence on September 21,...
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Jones v. Jenkins: Case Comment – Adjusters Beware
Canadian Insurance Law Reporter, July 2011
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Trial Needed to see the Black Forest Hamm for the Trees
The Ontario Superior Court has denied a tort defendant’s summary judgment motion to dismiss the plaintiff’s claim for damages on the basis that he was driving without insurance at the time of a motor vehicle accident. In Black v. Hamm,...
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Insurer Must Defend G2 Licensed Drunk Driver
Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut v. RBC Insurance, the applicant sought a declaration that the respondent RBC Insurance owed them a duty to defend the allegations of negligence made against...
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OCA Allows Appeal in Sutherland v. Singh
The Ontario Court of Appeal released its decision today in Sutherland v. Singh. In Sutherland, the claimant was eligible to receive income replacement benefits and caregiver benefits. His accident benefits insurer sent him an OCF-10 election form, requiring him to...
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Surveillance Must be Provided to Plaintiff Concurrently With Its Release to Any Defence Medical Examiner
In the Aherne v. Chang [2010] O.J. No. 1880 (S.C.J.) case, Master Short considered the following issue: If surveillance is provided to an independent medical assessor, does it have to be produced to the plaintiff, even if the assessor does...
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Ontario Regulation 194/11 – Dealing With Suspect Claims Under the SABS
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...
