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Posts Categorized: court civil procedure

Suing Your Own Insurance Company for Denying Your Claim > $5,000 in Damages and $75,000 in Legal Costs

Whether on a home insurance policy (i.e. fire loss or theft) or a automobile policy, an insured may claim against their own insurance policy in the event of loss, subject to the rights of the insurer to investigate and adjust the claim.

What happens if your insurer denies your claim on the basis that the alleged theft did not occur as described?  Meaning that the insurer has concerns that the loss was either as a result of your own actions or the actions of people on your behalf – i.e.… Continue Reading

Mediation in Lawsuits > Obligations of Parties To Mediate

You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading

Disclosure of Your Statement Given to Your Insurer

If you are involved in a car accident, then your insurance company will likely obtain a statement from you as to how the accident occurred and also obtain other background information.

If the other car or people in the accident sue you as a result of that accident, will the material aspects or important points within your statement (to your own insurance company) be revealed in that lawsuit?

That is, the information you give to your insurance company (to defend you in the lawsuit) – will the person suing you learn about that information?… Continue Reading

$400,000 in Legal Costs for a Personal Injury Lawsuit

As another illustration of the cost of lawsuits, the recent case of Hayden v. Stevenson (2010 Ontario Superior Court of Justice) awarded $400,000 in legal costs (approximately $300,000 for fees and $100,000 for disbursements) to the successful plaintiff in a personal injury lawsuit. The plaintiff was a young man who was hoping to be a mechanic prior to the accident. As a result of the accident, he suffered from back pain, anxiety, depression and sleep problems. After the accident, he did not complete his co-op program in the automobile field, due to pain and fatigue.… Continue Reading

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You Sue After an Accident > Can Your Kids Be Examined About Your Claim?

You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit.  That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.

During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading

The Driver You Sue Has No Insurance – Now What?

You were hurt in a car accident and sue the other driver.  What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit?  What happens if other driver does not have assets – like a house or steady job?

This is not an uncommon situation.  Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading