An insured is not entitled to independent counsel when there is no reason to conclude that an Insurer would admit damages in excess of the policy limits

29. November 2006 0
The Application by an Insured for an Order requiring the Insurer to assume the cost of the appointment of independent counsel to represent the Insured in respect of risk of liability in excess of the policy limits was dismissed where there was no reason to conclude that the Insurer would admit any damages in excess ...

The Insurer sought a declaration that it had no duty to defend the Insured against an action in which the plaintiff alleged that a negligently loaded ladder flew off of a truck, causing him injury. The Court held that the loading of the ladder constituted a use or operation of an automobile, such that it came within the ambit of a motor vehicle liability policy, and was therefore excluded in accordance with an exclusionary clause of the commercial general liability policy.

22. November 2006 0
Cumis General Insurance Co. v. 1319273 Ontario Ltd., [2006] O.J. No. 4668, Ontario Superior Court

The Insured sustained various injuries in a 1994 accident when he was crushed against the rear of a van by a forklift. Within 30 days of the accident, the Insured retained a lawyer. However, the lawyer did not request a legal opinion concerning the Insured’s claim until 1996. A claim on behalf of the Insured for statutory accident benefits was made thereafter to the Insurer, who had no prior knowledge of the accident. The Insurer rejected the claim as being out of time.

02. November 2006 0
Cervo v. State Farm Mutual Automobile Insurance Co., [2006] O.J. No. 4378, Ontario Court of Appeal