Insurers Have to Explain the Basis for Denial of Coverage; But What About Privilege? October 20, 2015 Sudevi Mukherjee-Gothi In the July 29, 2015 decision in Lica v. Dhaliwal, Price J ordered that State Farm, the insurer of the Defendants provide the reasons and basis for the denial of coverage. State Farm insured the Defendants in this action. However, State Farm denied coverage and added itself as a statutory third party in the action. State Farm did not provide detailed reasons for the denial of coverage.
Insurance Act Deductible Increases in Effect October 20, 2015 Erin Cullin The amendments to the Insurance Act and its regulations, increasing the amount of the statutory deductibles in motor vehicle accident cases, took effect as of August 1, 2015.
Coverage Issues: Overcoming the Consent Clause October 20, 2015 Laura Hodgins Most insurance policies contain some variation of the “consent clause.” Generally speaking, these clauses require that an insurer who has extended coverage to a policyholder consent to any proposed settlement. While most insurers believe this provision to be not only enforceable but fundamental to their ability to manage claims on behalf of their policyholders, a recent case from Pennsylvania reminds us that with the right facts and in the right circumstances such clauses can be overcome.
Welcome Fall! September 14, 2015 Brett Stephenson Welcome Fall! The OBA Insurance Law Executive is looking forward to another excellent year including a newsletter publication every two months along with several must attend CLE’s commencing on September 28, 2015.
Message From the Chair April 27, 2015 Audrey Ramsay Time to celebrate! No, not just because spring is here but also to come honour our best and brightest, and the work the section has accomplished this year!
Message from the Editor March 23, 2015 Brett Stephenson Spring is upon us! This month's OBA Insurance Law articles feature two excellent articles: “Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits” by Patrick Brown and “The Mindful Lawyer” by Catie Fenn. We are also pleased to publish Jason Hickman’s fantastic case comment on Iannarella v. Corbett....
Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits March 23, 2015 Patrick Brown Extreme sports is a growing industry that is profiting from the human desire to experience the adrenaline rush associated with risk-laden activities. Whether it is racing down a ski hill on a mountain bike, falling from a white water raft, or climbing up a rock face, there is an increased appetite for such thrills. As the appetite grows, the number of private “pay to play” facilities looking to profit from the rush are on the rise — along with injuries and lawsuits.
Court of Appeal Upholds Dismissal of Occupier’s Liability Claim Where No Objective Evidence of Hazard March 23, 2015 Andrew Ottaway In Nandlal v. Toronto Transit Commission, 2015 ONCA 166 the Plaintiff alleged that she fell on slippery and debris strewn steps at Kennedy subway station in Toronto. The TTC brought a motion for summary judgment.
The Mindful Lawyer March 23, 2015 Catie Fenn There have been a myriad of articles published in the past few years that address stress and the havoc it can wreak in every area of our lives. We have heard it all: Stress can make you fat; Stress can kill you; Stress is worse for you than smoking; Stress can make you drink too much; Stress can make you depressed. While stress is an issue that affects everyone in our society, it is particularly pertinent to lawyers because the practice of law is inherently stressful and intense.
Case Comment: Iannarella v. Corbett March 23, 2015 Jason Hickman On February 17, 2015, the Ontario Court of Appeal released its decision in Iannarella v. Corbett, 2015 ONCA 110. This case serves, among other things, as a reminder to defence counsel of the risks associated with not disclosing surveillance.