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.
Loss Transfer: New Fone Who Dis?
Ontario’s auto insurance system is complex, aiming for fairness in compensating accident victims. A key part of this system is the loss transfer scheme. This blog explains the scheme’s purpose, how it works, and its effects on insurers (and policyholders).
Pinned – Priority Disputes 101: Help!
It’s a Friday afternoon before a long weekend, of course, and you’ve just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and the claimant alleges that she was...
Priority Disputes 101: Reflection on Deflection
In our first article in the Priority Disputes Series, I provided an overview of Ontario’s accident benefit priority dispute scheme and the process necessary to pursue and dispute priority. To recap: The priority...
Priority Disputes 101: Notice in 90
Years ago, I had a file where my client received a priority dispute notice. It was for a catastrophic accident benefits claim involving a 26-year-old who had suffered severe brain injuries. There was little doubt that...
Priority Disputes 101: The Claimant
In SABS Priority Disputes 101: Help!, and SABS Priority Disputes 101: Reflection on Deflection, I discussed that the purpose of Ontario's priority dispute scheme is to ensure an injured claimant receives timely...
Priority Disputes 101: Private Arbitration and The Final Frontier
This is the last installment in our SABS Priority Disputes 101 series. I encourage you to read the entire series here: SABS Priority Disputes 101: Help! SABS Priority Disputes 101: Reflection on Deflection SABS...
Hickory Dickory Dock, COVID-19 Stopped Our Clock
This article was previously posted on March 31, 2020 when the Ontario legislature froze all limitation periods in Ontario. The issue of whether it applied to the 90-day notice requirement in section 3 of OReg 283/95...
Insured’s Coverage Claim Knocked Out
This article was previously posted in June 2020 The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general...
SCC finds nexus in Zurich v. Chubb
This article was initially posted in April 2015. The Supreme Court of Canada has reversed the Ontario Court of Appeal's decision in Zurich v. Chubb. The claimant was driving a Ford Windstar that she had rented from...
Ice is Back with a Brand New Accident Benefits Coverage Decision
This article was initially posted in May 2021. Does slipping on ice next to a vehicle come within the definition of accident under Ontario's statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm...
ONCA: No “trial within a trial” in the duty to defend
This article was previously posted in October 2022. The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that...
Priority Insurer Has No Options
NOTE: This article was previously posted in July 2019. The decision was overturned in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188 (CanLII) Can the insurer, who is required to waive...