In the recent case of Cardinal v. Alberta Motor Association Insurance Company, 2018 ABCA 69 (CanLII), the Alberta Court of Appeal overruled the lower court, determining that an injured passenger was not covered under an SEF No. 44 Family Protection Endorsement to the SPF No. 1 Standard Automobile policy as the vehicle was being used without the consent of the owner.
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A notation of “PP/LC” which qualified a grant of underinsured motorist coverage excluded coverage for the insured as he was neither a private passenger nor driving a light commercial vehicle, but coverage was found in another policy with a similar underinsured motorist coverage clause that did not contain the qualifying notation. This is the jurisprudence laid down in the case of Kahlon v. ACE INA Insurance,  O.J. No. 438, 2018 ONSC 784, Ontario Superior Court of Justice, January 29, 2018.
The minister responsible for British Columbia’s financially challenged public auto insurer says the government has suspended regulations that had forced the Crown agency to meet minimum financial tests.
Imagine when same-day insurance claims payments are a reality, without the need to overhaul any existing infrastructure.
How often have you heard the thought leaders claiming “this time it is different – this time, the insurance industry is REALLY being disrupted.” The latest chapter is the insurtech business – flexible, young startups, using innovative technologies and cool new gadgets. They often find and exploit inefficiencies in the insurance value chain, and their promise is to change the face of insurance. But will they?
On January 29, 2018, the Standing Senate Committee on Transport and Communications (the “Committee”) released a report titled Driving Change: Technology and the future of the automated vehicle (the “Report”), which highlighted key regulatory and technical issues related to driverless and automated vehicles. At the request of the Minister of Transport, the Committee had undertaken a study which included input from stakeholders from across Canada and the United States (the “Study”). The purpose of the Report is to (i) identify potential benefits and challenges related to autonomous vehicles, and (ii) provide recommendations on the broader regulatory and legal framework that should govern autonomous vehicles.
In the case of Nkunda-Batware v. Zhou, 2016 ONSC 2942, the Ontario government announced its latest round of changes to automobile insurance.
The Ontario government announced its latest round of changes to automobile insurance, called the Fair Auto Insurance Plan. This follows on the heels of the report by David Marshall, Ontario’s advisor on auto insurance, who released a report in April 2017 outlining a number of suggestions for modifying Ontario’s auto insurance regime.
In Middleton v. Pankhurst,  O.J. No. 5661, 2017 ONCA 835, Ontario Court of Appeal, November 2, 2017, the court ruled that an insured who operates a motor vehicle contrary to a criminal court order is nevertheless authorized to operate a motor vehicle pursuant to Statutory Condition 4(1).
The status of two insureds as spouses based on a religious ceremony in a foreign jurisdiction is determined first on the basis of the validity of the marriage under the law of the foreign jurisdiction and then by considering whether the marriage is valid in the forum jurisdiction. As held in the case of Aviva Insurance Co. of Canada v. Security National Insurance Co.,  O.J. No. 5739, 2017 ONSC 4924, Ontario Superior Court of Justice, November 6, 2017, the insurer has the onus of adducing sufficient evidence to establish the validity of the marriage.
Western Medical Assessments (WMA) provides expert medical assessment services to insurance companies, lawyers (both defense and plaintiff) and employers. Our reputation as one of Canada’s most respected disability assessment companies is premised on our trusted network of thousands of clinical experts — mostly specialists — across all medical disciplines (physical and psychological). We’ve been entrusted to complete 63,000 independent medical examinations (IMEs) as our clients appreciate our medical direction, evidence-based medical opinions and complete independence from any ethical conflicts of interest.