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Searching Content indexed under Insurance Laws and Products by Strigberger Brown Armstrong LLP ordered by Published Date Descending.
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1
SABS Priority Disputes 101: Help!
It's a Friday afternoon before a long weekend, of course, and you've just received a potential SABS priority dispute.
Canada
14 Oct 2019
2
Not So Fast! Insurers Get A Say In LAT Withdrawals
Further, administrative action and file closure letters are notorders and can be challenged.
Canada
22 Aug 2019
3
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.
Canada
6 Aug 2019
4
You Can't Hurry Love: LAT Refuses To Consider Interim Order For Benefits
Adjudicator Letourneau has held that the LAT does not have jurisdiction to award interim benefits in 18-007113 v Allstate Insurance-007113/AABS, 2019 CanLII 63379 (ON LAT).
Canada
26 Jul 2019
5
Court Of Appeal Confirms-LAT Has Exclusive Jurisdiction At First Instance
The Ontario Court of Appeal has upheld Justice Ramsay's determination that the LAT has exclusive jurisdiction at first instance over all claims in respect of accident benefits
Canada
25 Jul 2019
6
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
Canada
9 Jul 2019
7
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?
Canada
14 May 2019
8
Surprise, Surprise, Surprise!
In a very surprising turn of events, the long awaited judicial review of MVAC v. Barnes, P16-00087 FSCO was dismissed as moot when it was revealed ...
Canada
4 Apr 2019
9
Court Confirms The "But For" Test Applies To The SABS
A recent decision of the Divisional Court has confirmed that the ‘but for' test was the correct causation test to be applied in accident benefit cases.
Canada
26 Mar 2019
10
Say It If You Mean It
Mr. Demetriou claimed he was robbed of a $550,000.00 ring (a family heirloom) that he was wearing on a gold chain around his neck while walking alone on a beach in Punta Cana.
Canada
1 Feb 2019
11
Say It If You Meant It
Punitive damages were awarded against AIG in the amount of $50,000.00.
Canada
31 Jan 2019
12
When Is A House A Household?
In Ferro v. Weiner, the late Enid Weiner owned a house on Lake Eugenia.
Canada
31 Jan 2019
13
LTD Denials - When Does The 2-Yr Limitation Period Start?
Limitation periods continue to be a hot topic in the context of disability benefits. A recently released Divisional Court decision seems to have shed a little light on this matter.
Canada
15 Jan 2019
14
How Do You Like Them Apples?
The Ontario Court of Appeal concurrently released two eagerly awaited decisions that speak to the interplay between tort damage awards and statutory accident benefits (SABs) ...
Canada
10 Dec 2018
15
The SABS Limitation Period Is A Hard Limit
The Divisional Court has confirmed that the limitation period set out in the Insurance Act and the SABS falls within the category of "hard" limitations periods, which are triggered by a fixed...
Canada
15 Oct 2018
16
Coverage – Keep It Simple, Sir
The recent decision of Van Huizen v. Trisura Guarantee Insurance Company, reinforces that Courts have little interest in protracted coverage battles between parties.
Canada
25 Sep 2018
17
Subsequent Payment Cannot Revive A Right That Has Been Extinguished
In S.S. v. Economical, the Licence Appeal Tribunal found the claimant missed the limitation period to dispute the denial of attendant care and housekeeping benefits,
Canada
20 Aug 2018
18
Can Motorists Be Jurors???
In Kapoor v. Kuzmanski, on the eve of a trial, the Plaintiff brought a novel motion to exclude potential jurors who drive and pay for automobile insurance ...
Canada
17 Aug 2018
19
The Duty To Defend: Pleadings, Pleadings, Pleadings!
An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation.
Canada
8 Aug 2018
20
The Subrogator Strikes Back
Builders' risk policies have historically been given broad interpretation, extending coverage to all parties involved in a construction project. When property damage arises ...
Canada
26 Jul 2018
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