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Posts Tagged: coverage and duty to defend

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

E-Bikes and Risk > Canadian Insurance Top Broker

Our thanks to Canadian Insurance Top Broker and Terri Goveia for allowing us to participate in their article last week about the emerging risk of e-bikes in Ontario, which currently are not required to be insured.  The article is also here in PDF format.

As background, readers may wish to review our October 5, 2009 blog on e-bikes or ourMarch 30 and June 2 blogs regarding bicyclists.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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

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

Homeowner’s Insurance – The Best Protection Money Can Buy

If you hurt someone unintentionally or cause damage or loss as a result of your unintentional actions, then hopefully you have homeowner’s insurance to protect you and respond to a lawsuit on your behalf.

Homeowner’s insurance is very important insurance and, in our view, no one should be without homeowner’s insurance.

The importance of homeowner’s insurance is that it potentially provides you with a legal defence (in a lawsuit) and may cover you for any unintentional negligent acts which end up hurting someone or causing them loss or damage. … Continue Reading

Hit by an Uninsured Car in Ontario, who do you sue?

What happens when a pedestrian is hit by an uninsured car?  What if that pedestrian does not have her own car (i.e. at home) and therefore she has no insurance coverage herself?

And what happens if the pedestrian is sprawled on the front hood of the uninsured car when together, they immediately hit a taxi that is properly waiting to make a left hand turn at that same intersection?

Which insurance company will respond to the pedestrian’s tort lawsuit seeking damages? … Continue Reading

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