The Court of Appeal has handed down a ruling that is important for auto insurers. The Court has held that an injured plaintiff can still sue his or her own insurer, pursuant to an OPCF-44R underinsured motorist endorsement, even after…
In Anand v. Belanger, Justice David Stinson considered whether State Farm Insurance, which had been sued in this case by virtue of its uninsured motorist coverage, was bound by admissions that it had made about the plaintiff’s condition in its…
In an important new decision, Mr. Justice J. Patrick Moore has refused to allow the defendant in a personal injury action to adduce expert testimony from three physicians who examined the plaintiff in connection with a claim for statutory accident…
In Hayden v. Stevenson, Madam Justice Jane E. Ferguson of the Ontario Superior Court held that the Bill 198 amendments to the Insurance Act are a “codification of existing law” and in doing so, sided with Madam Justice Morissette in Nissan v….
Ontario auto insurers received some bad news last week from the Court of Appeal . In Loftus v. Security National Insurance Company, the Court upheld the ruling of Mr. Justice Barry MacDougall, which we reported on a little over a year ago….
In Adler v. State Farm Automobile Insurance Company, Madam Justice Nancy Spies dealt with an application by the law firm of Aylesworth LLP for court approval of lawyer-client fees and disbursements, to be paid out of the proceeds of the settlement…
It was apparent from its ruling yesterday in Heath v. Economical Mutual Insurance Company, that the Court of Appeal was not very impressed with the trial decision of Mr. Justice John C. Kennedy. The plaintiff had been involved in a rear-end…
About a year ago, Justice Johanne Morissette’s decision in Nissan v. McNamee was released. Her Honour concluded that the Bill 198 version of the Insurance Act threshold in MVA cases had not effected much of a change from the previous regime….
Sherman v. Guckelsberger was released on December 29, but Ontario auto insurers can be forgiven for thinking that it was meant to have arrived four days earlier. In this case, Madam Justice Jane A. Milanetti had to decide whether or…
We are indebted to Mark (“Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the…