In Kalinkine v. Superintendent of Financial Services Commission, a Superior Court decision released this week, The Personal Insurance Company was ordered to reimburse the Motor Vehicle Accident Claims Fund for accident benefits payments paid in error by the Fund. We…
On Monday, the California Supreme Court ruled that “an attorney may be held liable for continuing to prosecute a lawsuit discovered to lack probable cause”. We have attached a copy of the decision in Zamos v. Stroud. Not the law…
In the wake of the case that we forwarded last week, Russett v. Bujold, another decision was released today that deals with the issue of “risk premiums” on awards of costs. In Grass v. Women’s College Hospital , attached, Madam…
We have attached the decision of Justice Denis Power in Russett v. Bujold on the issue of costs. As you will see from the fax line at the top of each page, this is literally “hot off the presses”. This…
Insurers who have been shocked to see awards of punitive damages in the hundreds of thousands of dollars should count their blessings and be glad they’re not private investigation firms. (copy of decision) In Hordo v. Mrowiec, the Superior Court was…
A plaintiff who was seriously injured in “an altercation” outside his former house has been unsuccessful in his attempt to collect his judgment from AXA Insurance. The case is Umlauf v. AXA and a copy is attached. The plaintiff obtained a $1.8 million…
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based on the…
We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a former…
We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a…
A rare bird has been sighted: a threshold decision in favour of the defence. In Singh Kapoor v. Patterson, a copy of which is attached, Justice Wein dismissed an action arising out of a 1998 MVA. The dismissal was based…