Floppy Ear Files
Insurance coverage and arbitration / litigation blawg.
It’s like a legal thriller, but with fewer car (or beagle) chases and more “Did they really mean that in the policy?” Let’s decode the mysteries, strategies, and occasional absurdities of this fascinating (in an insurance sort of way) world.
SABS Accident Found, But Late Notice Bars Claim: Jones
The LAT found a slip and fall near a vehicle was an accident under the SABS, but late notice accident benefits deadlines and missed reporting barred the claim.
Loss Transfer Fault in Ontario: Why Fault Matters & How it Works
Loss transfer disputes don’t fail because fault is complicated — they fail because it’s misunderstood. This post explains why fault matters, where it came from, and why tort findings are irrelevant.
Why Ontario Insurers Must Keep Log Notes: A Practical Perspective
Why log notes are effectively mandatory for Ontario insurers. FSRA, UDAP, LAT practice, and industry standards all make contemporaneous notes indispensable.
Ontario Court: All Drivers Have a Duty to Avoid Accidents
Ontario’s Superior Court confirms all drivers share a duty to avoid accidents — even by taking steps to prevent harm. Learn what McFee v. Sutram means.
OPCF 47R Explained: Ontario SABS Changes and the 2026 Reforms
Ontario’s new OPCF 47R endorsement fixes accident benefit priority issues and prepares insurers, agents, brokers, and policyholders for Ontario’s 2026 SABS reforms.
Sniffing Out Relief: How Due Diligence Beat a Claim Denial
One cancelled road test. One medical episode while driving. The court ruling that every claims adjuster needs to see.
Tick Tock, You’re Barred: LAT Applies Hard Line on SABS Timelines
She said her injuries didn’t seem serious. Her medical records said otherwise. The LAT sided with the paperwork—and barred her claim because it was late.
Ordinary Parlance: Meet the New Face of “Automobile”
Is a Caterpillar 930K wheel loader an “automobile” under Ontario insurance law? This SABS accident benefits coverage ruling might have you rethinking your ordinary parlance.
Principal Dependency Explained – Without Chasing Your Tail
Who counts as a “dependant” under Ontario’s standard auto insurance policy? The answer can determine whether someone is entitled to death benefits, optional benefits, or even which insurer pays under section 268(2) of the Insurance Act.
Applicant insurers must fetch own handling expenses in priority disputes
Must a respondent insurer in a priority dispute reimburse the applicant insurer for legal fees, adjuster’s fees, administrative costs and disbursements incurred while handling the SABS claim?
Priority Rules Rule: Why Out-of-Province Insurers Can’t Dodge Ontario Claims
Does Ontario’s priority dispute scheme apply to an Ontario licensed insurer who issued a policy in Alberta — when their insured is involved in an accident in Ontario?
BCCA finds Coverage: Weed Exclusion Is Half-Baked
Does a marijuana cultivation exclusion in a homeowner’s policy exclude fire losses to the premises where the plants are growing?