BC Court of Appeal held that insurer’s settlement demands letter didn’t constitute confirmation of a cause of action

19. September 2016 0
A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period.  A summary trial decision dismissing the action as statute barred was upheld on ...

The insurer’s motion to strike an action for the diminished value of a vehicle involved in a motor vehicle accident was dismissed. The action raised a triable issue and the court noted that a claim for diminished value may exist in Ontario. The issue was within the jurisdiction of the small claims court.

19. September 2016 0
Insurance law – Automobile insurance – Policies and insurance contracts – Statutory conditions – No-fault coverage – Damages – Special damages – Diminished value – Statutory provisions Renwick v. Allstate Insurance Co. of Canada, [2016] O.J. No. 3811, Ontario Superior Court of Justice, Small Claims Court, January 12, 2016, J. Prattas Deputy J. The insured ...

Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Insurance law – Automobile insurance – All Terrain Vehicle – Multiple policies – Benefits – Accident – definition – Statutory provisions ...

Evidence did not establish arson on a balance of probabilities

The insureds successfully sued for indemnity after the insurer had denied liability on the basis of arson.  While the evidence raised a real and viable concern about exclusive opportunity, the preponderance of the evidence did not establish arson on a balance of probabilities. Insurance law – Property insurance – Arson – Evidence – Damages – ...

Doctrine of laches was not available to a second party insurer in defence of a claim under Ontario Insurance Act

The doctrine of laches is not available to a second party insurer in defence of a loss transfer claim for no fault statutory accident benefits under s.275 of the Insurance Act, R.S.O. 1990, c. I.8. Insurance law – Automobile insurance – Statutory Accident Benefits – Loss transfer provision – Actions – Equitable defences – Limitation ...