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Articles
Automobiles Taken without Consent are “Uninsured Automobiles” under s 265(2) of the Insurance Act
Kelly Santini LLP, Ontario, April 19, 2017 – Skunk v Ketash et al 2016 ONSC 2019 This was a motion for a summary judgment by the Defendant Jevco, to dismiss a claim by the Plaintiff, it insured. The claim arose when Jevco denied coverage to the insured, after the Plaintiff was involved in a single-vehicle accident. The Plaintiff, Mr. Skunk, was a passenger in... -
Kelly Santini LLP, Ontario, April 19, 2017 – Routh Chovaz Insurance Brokers Inc. v Aviva Insurance Co of Canada, 2016 ONSC 2567 This was a motion by Aviva Insurance Co of Canada (“Aviva”) for a summary judgment dismissing the Plaintiff’s action as Aviva argued the Plaintiff did not have a cause of action. Dow J granted the motion and dismissed the action. Routh Chovaz...
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Donati Maisonneuve, Quebec, April 19, 2017 – Sabean v. Portage La Prairie Mutual insurance Co., 2017 SCC 7 Sabean was awarded $465,400 for injuries suffered in an automobile accident. However, only $382,000 was recovered from the at-fault driver’s insurer. As a result, Sabean claimed $83,400 from his own insurer, Portage La Prairie Mutual Insurance Company (“Portage”), under a rider offering supplemental protection....
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Donati Maisonneuve, Quebec, April 19, 2017 – Avon v. SSQ, société d’assurance-vie inc., 2016 QCCQ 13067 Pierre Avon (“Avon”) purchased a pair of tickets for a cruise that was set to sail out of Fort Lauderdale. When the aircraft operated by Allegiant Air experienced mechanical problems, his flight was delayed by around 18 hours, and he reached Fort Lauderdale too late. Avon...