Automobile insurance

Limitation of actions

The Ontario Court of Appeal held that an insured's claims against insurer for breach of duty of good faith is governed by the general six year limitation period,  not s. 207 of the Insurance Act. This case involved the death in 1988 of four people in an automobile accident.

Commercial general liability insurance

Duty to defend - Additional named insured

The applicant Minto sought a declaration and order that the insured Carlsbad and the insurer Intact Insurance were obliged to provide and fund the full defence of Minto in an underlying action in which the plaintiff sought damages for injuries she sustained due to ice and slippery conditions on a parking lot near the residence for which the insured had a contract with Minto to perform snow clearing, snow removal, and ice control.

Liability insurance

Motor vehicle accidents; Automobile insurance - Uninsured motorist; Multiple policies - Policies and insurance contracts - Apportionment and contribution - Excess liability

The plaintiff was a passenger in a vehicle driven by a defendant, which was struck by another vehicle driven by a co defendant, who was uninsured. The defendant, Unifund Assurance Company, is an OPCF 44-R carrier and is only obliged to pay as excess insurer if no other insured party has at least one percent liability. The court dismissed Unifund’s motion for summary judgment on the basis that the issue of the insured defendant’s liability required a trial.

New lawyers join the firm

Harper Grey LLP is pleased to announce that Robyn Gervais and Jeremy Shragge have joined the firm as associates.