Coverage

Court Reaffirms No Duty to Defend where Insured Found Not Criminally Responsible

COVID-19 Related Business Interruptions Do Not Constitute an Insurable Loss

Ignorance of the Law Apparently IS an Excuse:  ONCA Addresses Coverage Implications on Consensual Use by Unlicensed Individuals:  Pridmore v Drenth

Having an Insurance Policy Is Good, but Defending a Claim Personally and Settling it Directly Before Advancing the Claim to the Insurer is Not:  Searles v Economical

What Level of Corroboration is Required to Establish the Existence of an Unidentified Motorist? Hearsay Evidence is Acceptable

Uber Sized Headache If You Are Using Your Personal Vehicle for Commercial Deliveries Without Disclosing It to Your Insurer

Court Denies Motion to Strike Declaratory Relief in Statement of Claim

The Limitations Act and Discoverability Relating to Unidentified Motorist Claims

Big Case, Little Impact; FCA negates to deal with property damage trigger in finding BI coverage for Covid-19

Switching Gears with E-Bikes:  Insurance Related Issues

#Vanlife During COVID-19: What You Need to Know Before Heading Out in an RV

New Vehicle Coverage – A Warning to Insurers When New Vehicles Are Acquired by Arijana B. Schrauwen

Court of Appeal Clarifies the Duty to Defend and Ability to Control Litigation Where Overlapping Coverage Exists: Markham v AIG

Traders v. Gibson – Who’s in your Household: The Non-Arm’s Length Renter

Taking an Off Coverage Position After Defending the Claim without a Reservation of Rights or Non Waiver Agreement Causes Waiver of Rights by insurer

Ontario Court of Appeal Holds Rescission Ab Initio Not Available for Auto Policies

After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick

Unlike Peter Pan, In the World of Insurance, People Do Grow Up: Adult Children Are Not Members of the Household

Payment Of NEBs In Underlying AB Claim Does Not Preclude The Same Insurer From Denying Coverage In The Tort Context When Vehicle Taken Without Consent by Richard Kreder

Duty to Defend Property Manager Where Listed on Policy as Additional Insured Not Automatic Where Property Manager May Be Liable in Negligence by Virtue of Its Own Acts or Omissions by Richard Kreder

Deemed Waiver of Solicitor-Client Privilege Requires Making Legal Advice a Substantive Issue in a Party’s Claims or Defence by Robert Jones

Does Family Protection Endorsement on Company Car Apply for Underinsured Coverage Arising From Out of Province Rental Car Use? by Nicholas Carmichael

Is a Personal Liability Umbrella Excess To An Owner’s Policy or Vice Versa? Benson v. Walt

Insurance Brokers May Be on a Collision Course With Insurers Over Coverage Issues by Robert Jones

Broadly Worded Contracts Can Result in an Absurdly Broad Duty to Defend: Hill v. Intact Insurance Company by Jeremy Shaw

Can You Apply for Uninsured Motorist Coverage for Your Own Insured Vehicle?

Surprise Surprise: Clear Terms of an Insurance Related Contract are Enforceable: Routh Chovaz Insurance Brokers v Aviva by Jeremy shaw

Mandatory Means Mandatory: Claimants must proceed through the dispute resolution scheme found in sections 279 to 283 of the Insurance Act by Amanda Lo Cicero

Who Knew: Electric Golf Carts Operated in an Airport Terminal Aren’t “Automobiles” by Tom Hughes

The Road to OPCF-44R Recovery: It Runs Through Minnesota and Ends with Special Damages

I’m an Alien, I’m an Illegal Alien, How Do I Claim Uninsured Motorist Coverage?

Vicarious Liability and Consent: Vehicle Owners Beware

Azzopardi v. Doe

Schmitz v. Lombard General Insurance Company of Canada by Hassan Ahmad

Kozel v. The Personal

Pursuing Insureds for Reimbursement where the Insurer denies coverage and settles the Plaintiff’s Claim

When an Accident is Really an Accident, an Update on the “Use and Operation” of an Automobile

Social Host Liability

Childs v. Desormeaux — Social Host Liability or Just Another Case?