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September 11, 2017 – Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated. The injured son claimed statutory accident benefits from the insurer of that vehicle, Intact. Intact denied the claim as it took the position that it had cancelled the...
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Accident Benefits Disputes Require Notification to the Other Insurer and the Claimant Within 90 days
September 11, 2017 – Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather than the insurance of his customer,... -
Discoverability and Due Diligence Require more than an Expert Report to Extend the Limitation Period
September 11, 2017 – Arcari v Dawson, 2016 ONCA 715 – This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired. The appeal was dismissed. The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009. In 2010 she sued the... -
Ninth Circuit finds No Coverage under Crime Policy for Client Funds lost in Social Engineering Fraud
August 17, 2017 – On the March 9, 2017 decision of Taylor & Lieberman v. Federal Insurance Company,[1] the Ninth Circuit Court of Appeals affirmed a decision of the U.S. District Court for the Central District of California holding that a business management firm did not have coverage in respect of client funds which it was fraudulently induced to wire...