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This Father’s Day, Cover your Dad with a Coverage Book
Still looking for the perfect Father’s Day gift? Can’t find that special tie that says “I love you Dad”? Stop looking and get Dad the gift that says “You’re the best Dad ever!” by giving him his very own copy of Auto Insurance Coverage Law in...
Arbitrator: Intact has uber, uber, Uber Priority
Does Uber’s fleet policy with Intact provide primary accident benefits coverage to passengers who do not have their own auto insurance policies? The first arbitration decision on this issue says “yes”. Background In July 2016, FSCO approved...
ONCA Stops Rolling Limitation Period for Business Interruption Insurance
The Ontario Court of Appeal has held that business interruption claims are not subject to a rolling limitation period. In Marvelous Mario's Inc. v. St. Paul Fire, the appellant insureds commenced two actions claiming insurance coverage under a...
Priority Insurer Has No Options
Can the insurer, who is required to waive reliance on the priority rules and pay accident benefits, still pursue indemnification from the priority insurer? A Superior Court judge says “yes”. In Continental Casualty Company v. Chubb, the claimant...
No Void Ab Initio for Auto
Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was...
How much Risk does a Builder’s Risk Risk?
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor? Pre-Eng v. Intact involved a...
SABS Priority Disputes 101: Help!
What do you need to do to pursue a SABS priority dispute in Ontario? What are the timelines? What happens next? This is the first of several priority dispute articles in our insurance law series. Please read more.
SABS Priority Disputes 101: Reflection on Deflection
As an accident benefits adjuster, what do you need to do to when a claimant approaches you about a new claim? What do you need to send them? When is an application “complete”? What is deflection? Can you say “go away”?
Does your E-Scooter Require Automobile Insurance?
E-scooters are invading Ontario roads. The province has launched a five-year pilot program to deal with them. But the program is silent on whether these e-scooters must be insured when they are being driven on our roads. Do they need auto insurance?
Hickory Dickory Dock, COVID-19 Stopped our Clock
COVID-19 has frozen Ontario’s limitation periods. What does this mean for SABS loss transfer and priority disputes?