New@SBA.
Guaranteed, Not God-Mode
This Supreme Court case has it all: guaranteed rebuilding cost, compliance cost exclusion, nullification, contract interpretation — find out what every insurer must know before the next total loss claim.
Pay First, Dispute Later: Priority Matters
A recent LAT decision reaffirms the insurer’s obligation to provide timely benefits despite concerns over priority. Where claimants satisfy the low threshold of establishing a nexus with an insurer, that insurer must commence adjusting the claim and dispute priority later.
Insurance Investigators Owe No Duty to Insureds for Claim Delays
In Smitten Baby Products Inc. v. FirstOnSite Restoration Ltd., 2025 ONSC 4281 (CanLII), the Ontario Superior Court dismissed a negligence claim against an insurance investigator retained by an insurer, holding it was “plain and obvious” that the investigator owed no duty of care to the insured for alleged delays in claim payment.
Statutory Certainty vs. Flexibility: What Clouthier Means for Insurers
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while cycling in February 2020 and suffered injuries, including a traumatic brain injury.
LAT-titude for Success: Criterion 8 Update
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.
No Offer, Big Costs: ONCA Upholds $300K Costs Award on $15K Damages
The recent Court of Appeal decision in Barry v Anantharajah underscores that insurers should make reasonable settlement offers before trial – no matter how strong they believe their case to be.
Does the post-104 IRB test require an analysis of commensurate employment? The Court of Appeal says “yes, but…”
The Court of Appeal recently confirmed that the analysis of whether an insured suffers a complete inability to engage in employment for which they are reasonably suited by education, training or experience requires consideration of a number of different factors including, but not limited to, the availability of commensurate employment.
Will a lapsed license total the claim?
On July 3, 2021, the Applicant was involved in an accident while driving with an expired license. Security National Insurance refused to defend or indemnify him on the basis that he made false statements in his claim and was driving with an expired license at the time of the accident. The Applicant argued he acted with due diligence and sought relief from forfeiture.
The LAT is a Court: Relief from Forfeiture Now Available
Just last week, the Divisional Court issued a ruling that the LAT has authority to grant relief from forfeiture pursuant to s. 129 of the Insurance Act (“the Act”).
Late but Reasonable: ONSC Clarifies Insurer Obligations in Priority Investigations
In Intact Insurance Company v Aviva Insurance Company of Canada, the Ontario Superior Court upheld an arbitral decision which found that Aviva was entitled to pursue Intact for priority, notwithstanding the fact that its Notice of Priority Dispute was served nearly three years after the 90-day deadline had passed.