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Loss Transfer Superior Court confirms insurers cannot contract out of loss transfer

Loss Transfer Superior Court confirms insurers cannot contract out of loss transfer

by Julianne Brimfield | Feb 28, 2018 | Loss Transfer

Automobile insurance is compulsory in Ontario. However, municipalities and large corporations have the financial means to arrange private contracts with their insurers that allow them to handle any claims, including accident benefits claims, that arise as a result of...
Disability Insurers Are Not Required to Give Notice of Limitation Period

Disability Insurers Are Not Required to Give Notice of Limitation Period

by Shalini Thomas | Feb 28, 2018 | Disability

The Ontario Court of Appeal has confirmed that disability insurers in Ontario are not required to give insureds notice of the two-year limitation period established by the Limitations Act, 2002 when denying a claim. Appealing from the insurer’s summary judgment...
Better Get it Right: Termination Clauses in Contracts of Employment

Better Get it Right: Termination Clauses in Contracts of Employment

by SBA Lawyers | Feb 26, 2018 | Employment Practices Liability

With the expansion of Employment Practices Liability Policies (“HR Malpractice Insurance”) and employment practices endorsements in CGL policies, employment related disputes are becoming a growing portion of claim handlers’ workloads. The most common dispute that...
Disability Insurers Are Not Required to Give Notice of Limitation Period

New Case: A Reconsideration Request Must Precede Judicial Review

by Shalini Thomas | Feb 9, 2018 | LAT

S.T. v. Economical, LAT 16-003034/AABS, LAT Reconsideration, Executive Chair Linda P. Lamoureux The Applicant submitted a Request for Reconsideration 42 days after receipt of the Tribunal’s decision instead of submitting it within 21 days as required by the LAT Rules....
Better Get it Right: Termination Clauses in Contracts of Employment

Can Retirement Packages Be Deducted from LTD Benefits? A Live Issue.

by SBA Lawyers | Feb 8, 2018 | Disability

In the recent decision of Kerwin v. Manulife Financial, the Ontario Superior Court dismissed a summary judgment motion by Manulife, declining to find that funds received in a retirement package are deductible from long term disability benefit payments. As a...
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