Posts Categorized: insurance law
The Issue: A recent case illustrates the factors considered by a Court in determining whether an employee qualifies for long-term disability coverage.
This Case Situation
A personal banking officer, a 37 year old married mother of two, worked for the Bank of Nova Scotia for approximately 4 years prior to applying for short-term disability benefits (“STD”) and then long-term disability benefits (“LTD”) as a result of anxiety and depression problems.
Her anxiety was related to panic attacks, which would manifest itself with tightness in her chest, shortness or lack of breath and also becoming disoriented and physically shaking.… Continue Reading
The Issue: If you lend your car to someone who doesn’t have a proper driver’s license, who then gets into a car accident, are you (as owner) denied coverage from the resulting lawsuit by the other driver who was hurt in the accident?
This Case Situation
In this recent case, a 23 year old bank employee lent his vehicle to his girlfriend, with whom he had been together with for 5 months.
Unfortunately, the girlfriend got into a car accident, at which point it was revealed to the boyfriend (car owner) that she only had a G1 driver’s license, which was a restricted learner’s driver’s license.… Continue Reading
The Issue: Sometimes after an Ontario car accident, insurers fight each other over who is “responsible” for paying the injured person(s) Accident Benefits claims.
This is not usually a concern of those in car accidents, but it is interesting to consider some of the background dealings that arise from car accidents.
With car accidents in Ontario, the people involved usually have an entitlement to Accident Benefits regardless of fault – i.e. the driver who caused the accident is usually entitled to the same level of benefits as the innocent victim.… Continue Reading
The Issue: In this interesting case, the plaintiff driver hit another car from behind. She sued her own insurance company, alleging that another vehicle, whose identity she does not have, drove dangerously in front or beside her, causing her to take avoidance maneuvers and thereby hit the car in front of her: Chmielewski v Pishchak, 2014 CanLII 7592 (ON SC)
This summary judgment motion, brought by the insurer responding to this unidentified driver claim, was based upon the provisions related to Ontario’s insurance coverage regarding unidentified vehicles – the OAP-1 and the OPCF R44.… Continue Reading
The Issue: Many people have forgotten to renew their driver’s license in time, being notified only when they are stopped by police on a routine traffic check or have to use their Driver’s License as identification to apply for car insurance or some other service.
Why This Matters
Most people would not imagine that their insurer would seek to void their insurance coverage – denying them $1 million in insurance coverage – for this type of ‘honest’ mistake. Particularly when the payment of the car insurance premiums has been up to date.… Continue Reading
One of our cases recently came to a hard fought motion wherein the two insurance companies defending our client’s lawsuit were arguing over whether there was a duty to defend under the policy of insurance as between the two insurers. This case involved our client who unfortunately was badly hurt after a slip and fall on a Markham city sidewalk, suffering a nasty fractured ankle requiring surgery and extensive hardware: Zhou v. Town of Markham: Zhou v. Town of Markham, 2014 ONSC 435 (CanLII).… Continue Reading
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