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About this newsletterThe Harper Grey LLP Insurance Law Update provides a monthly review of new cases and emerging issues in Canadian insurance law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter. |
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Automobile insuranceBenefits - Ownership, use or operation of motor vehicle - Unidentified motorist - Statutory provisions - Causation - Accident, definition - Exclusions - Assault A plaintiff successfully argued that injuries sustained during an assault in which the assailants made use of his vehicle were injuries that arose directly from the use or operation of the vehicle. |
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Disability insuranceBenefits - Proof of disability - Timely submission of evidence; Group insurance - Long term disability benefits - Limitation of actions - Running of limitation period A long term disability insurer applied to dismiss a claim commenced by an insured on the basis that the claim was barred by because the limitation period had expired. The application was dismissed and costs awarded to the plaintiff. |
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Fire insuranceProperty insurance - Landlord and tenant; Policies and insurance contracts - Statutory provisions; Subrogation - Right of insurer to subrogation; Actions - Third parties A fire destroyed a building occupied by tenants. The fire insurance company paid the owner landlord for the loss to the building. The insurance company brought a subrogated claim against various parties in the name of the landlord. The appellants who had been named as defendants in the claim, were a tenant and its employee. |
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Homeowner's insurancePolicies and insurance contracts - Interpretation of policy - Members of a household - Residing in household - Named insured, definition; Subrogation - Right of insurer to subrogation An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds. |
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Would you like us to cover a specific insurance law topic in a future issue of this newsletter? Please feel free to email me with your suggestions.
Thank you, |
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