Floppy Ear Files
Insurance coverage and private arbitration 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.
PHIPA does not protect health information custodians from lawsuits
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach. In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough...
Loss transfer limitation rolls along
The Superior Court has upheld an arbitrator's decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor...
ONCA reverses Matheson: no husbandry here
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of...
Insurer can’t sue “your and you”
The Ontario Superior Court has released a subrogation decision dealing with two interesting issues: Assessing a defendant’s negligence and the ability of an insurer to subrogate against its own unnamed insured....
Court of Appeal skunks late property loss claims
The Court of Appeal has allowed an insurer’s appeal asserting the one-year limitation period in an all-risk property policy. The decision highlights how important it is for insurance contracts – and especially...
A tale of two automobiles
"I know a lot about cars, man. I can look at any car's headlights and tell you exactly which way it's coming." - Mitch Hedberg, comedian The Financial Services Commission of Ontario (FSCO) has decided that 2011 will be...