New@SBA.
Unsworn Proof of Loss: No Barrier to Assessing Value of Property
Can an unsworn Proof of Loss spark a successful claim for underpaid insurance claims? The Ontario Court of Appeal fueled a decision that could impact claims handling.
Faithfully Wed but Legally Misled?
Dealing with Claimants Who Have Entered Voidable or Void Marriages in Good Faith in the Context of Priority Disputes – the Second of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act.
Delay in Reporting Claim Proves Costly
In Furtado v. Lloyd’s Underwriters 2024 ONCA 579, the Ontario Court of Appeal determined whether a policy holder was allowed coverage for claims made pursuant to the company’s directors and officers policy.
Too Little, Too Late?
When an insurer gives priority notice beyond 90 days, can it engage the “saving provisions” in O. Reg. 283/95?
Hockey Brawl Leads to Legal Scramble: The Pitfalls of Summary Judgment in Complex Liability Cases
The Plaintiff was injured during a hockey tournament when the Defendant assaulted him with a goalie stick. The Plaintiff sued for damages, claiming negligence against the owner of the arena complex, the tournament organizer…
Ladders, Occupiers’ Liability, and Equipment Failures: Who Takes the Fall?
A hired welder, working on a 12-foot ladder, was sent plummeting to the ground after his machinery malfunctioned.
Three-Way Priority Battle Ends in A Tie
At the age of 17, the claimant was an occupant of a vehicle insured by Certas that was involved in a single vehicle collision. Her application for accident benefits triggered a priority dispute over whether she was principally financially dependent on either one of her parents, who were not married and had alternated in supporting her over the years.
Notice Not Required: ONSC Confirms No Duty to Notify Excluded Drivers
In its recently released decision in Brown et al. v Paudash et al., the Superior Court confirmed that an excluded driver endorsement is in effect even if the excluded driver never received notice of the exclusion.
Schrödinger’s Incident: An “Accident” and Not At The Same Time
The Ontario Court of Appeal affirmed that an incident can be both an “accident” and not an “accident” under the SABS at the same time—a legal paradox worthy of Schrödinger’s cat!
Major Concussion v. Minor Contusion: The Burden of Proof and Medical Evidence Required for MIG Removal at the LAT
In 2019, Ms. Marcelo was injured in a motor vehicle accident and applied for accident benefits from the insurer. Among several conditions justifying removal from the MIG, Ms. Marcelo claimed to have sustained a concussion as a result of the accident.