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  • Insurers Must Provide Actual Reason(s) for Examinations Under Oath

    Kelly Santini LLP, Ontario, June 15, 2017 – Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under oath if the insurer requests one pursuant to subsection 33(2) of Statutory...
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  • Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?

    Kelly Santini LLP, Ontario, June 15, 2017 – Wal-Mart Canada Corp. v. Intact Insurance Company, 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact”). Walmart was a named insured under that policy. Read more
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  • Innocent Co-Insured Entitled to Recover

    CBM LLP, June 15, 2017 – The insured added her boyfriend to her insurance policy believing his Nova Scotia identification card was his driver’s licence. In fact, his driver’s licence had been suspended. 8 days after he was added to the policy he was involved in a collision. The issue before the Court was whether the innocent co-insured could recover under...
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  • Blaneys argues Ontario Court of Appeal Excluded Driver Endorsement case

    Blaney McMurtry LLP, Ontario, June 15, 2017 – In RSA v Intact Insurance, Ms. Wilson and her husband met with their insurance broker on February 29, 2012. Her license had been suspended on account of unpaid fines. In order to maintain coverage on her Impala she had to purchase coverage from different insurance carrier. She decided to purchase a policy from Intact that insured the...
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