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Posts Categorized: insurance law

Home Buyers Take Note > Coverage for Home Builders > Duty to Defend and Insurance Policies

When buying a new home, you probably assume that if there is any terribly wrong with your new home, that you can sue the builder and that this builder will have an insurance policy to back them up.

That is, you probably do not expect that you will be chasing only the builder’s assets, which may not be substantial.

So, for example, if you purchase a new home which later shows “significant water damage caused rot, infestation and deterioration”, then when you sue, will there be an insurance policy protecting the builder and thereby responding to your lawsuit?… Continue Reading

Auto Insurance > Unique Insurance Coverage

An interesting recent article in The Lawyers Weekly by Eric Knutsen entitled, “Auto Insurance as a Social Contract.”  Mr. Knutsen begins his article as follows:

Automobile insurance in Canada is a product with a decidedly public purpose. It is a driver-funded source of compensation for motor vehicle accident victims – one of the important foundations of Canada’s social safety network.

Provincial governments are heavily involved in the regulation and operation of the automobile insurance regime in the interest of the public.… Continue Reading

Think TWICE Before Pleading Guilty to a Highway Traffic Act Charge

An interesting recent case confirms the gut reaction of most readers, as to whether they should plead guilty to a HTA (Highway Traffic Act) charge if they feel, in fact, that they are not liable for the accident resulting in the charge.

What happens if you plead guilty, at the Highway Traffic Act trial, and accept a $1000 fine? If the Highway Traffic Act charge relates to an accident caused by your ex-husband, driving your car?

What happens, if later, an insurance companies sues you personally in order to recover approximately $30,000, that was paid out to a plaintiff (i.e.… Continue Reading

Gas Station Leak > Insurance Dispute > Coverage and Duty to Defend

Environmental pollution involving the escape of gasoline from a gas station, which subsequently harmed nearby businesses and landowners.

The insurer of the gas station sought to deny both a duty to defend and coverage, based upon a “pollution liability exclusion” clause.

The recent case of ING v. Miracle (2010 Ontario Superior Court of Justice) dealt with the analysis of whether the commercial general liability policy covering the offending gas station, Miracle, would apply to the lawsuit at hand.  At a motion, the plaintiff in the action sought to maintain a duty to defend and coverage for the main defendant in the lawsuit. … Continue Reading

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New SABS Changes > Chinese News Group

Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010.  The article is also here in PDF format.

As background, readers may wish to review our:

· blogs on changes to Ontario’s Accident Benefits systemParts 1,2, 3, 4, 5, 6, 7, 8 and 9;

· our blogs on Accident Benefits cases in general; and

· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading

Joga Chahal Speaking at FACL Conference

Joga Chahal, of our office, was honoured to participate in a conference held by the Federation of Asian Canadian Lawyers at the University of Toronto law school in downtown Toronto on November 13, 2010.

Joga, with a panel of other lawyers, presented on the issue of boutique law firms with an emphasis on an insurance practice in Toronto.

Attached is a picture of Joga (middle) along with fellow presenters, Mr. Felix Tang and Mr. Charles Gastle.… Continue Reading

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