Last blog added on Monday, May 14th, 2012

Information About Canadian Insurance Law Blog

Canadian Insurance Law Blog is published by Harper Grey LLP.

Recent Posts

Below is a preview of the five most recent posts from the blog Canadian Insurance Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

Failure to disclose knowledge of a potential claim at the time of application may not exclude entitlement to insurance proceeds
May 6th, 2012

The defendant insureds sought and were granted a declaration that their professional liability insurer was required to provide a defence in an action on the basis the insurer was not able to conclusively show that coverage would be excluded on the basis of the insureds' knowledge of a potential clai... Read more »

The Nova Scotia Health Services Act permits the government to pursue nursing home care costs from injuries arising from an MVA
May 1st, 2012

The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action. Slauenwhite v. Keizer, [2012] N.S. Read more »

An insured assaulted in a parking lot and placed in the trunk of his car may be entitled to benefits under his automobile insruance policy
April 26th, 2012

The plaintiff was successful in arguing that injuries sustained during an assault in which the assailants made use of his vehicle were injuries that arose directly from the use or operation of the vehicle. Martin v. 2064324 Ontario Inc., [2011] O.J. No. 5471, December 5, 2011, Ontario Supe... Read more »

Relatives living in a separate and distinct household may not be entitled to fire insurance from the non resident house
April 23rd, 2012

An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds. Jomaa v. Jomaa, [2011] O.J. No. 5468, December&... Read more »

Disabilty benefits are generally deductible from motor vehicle damage awards in Ontario. Care should be taken to instruct the jury to do so.
April 22nd, 2012

Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them. Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Su... Read more »

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