Claims

Court affirms distinctions between ‘other insurance’ policies

There is a distinction to be made between primary, excess and/or umbrella policies when “other insurance” policies are called upon to respond in situations when primary coverage has been exhausted, the Ontario Court of Appeal ruled recently. In McKenzie v. Dominion of Canada General Insurance Company, a policyholder, Michael McKenzie, was involved in a serious […]

August 1, 2007

3 min read

Ontario Superior Court reviews law for summarily dismissing a claim

An Ontario Superior Court of Justice case, Oliveira v. Mullings, recently considered the standard for summarily dismissing a claim made against an auto insurer. The claim was based on a September 2003 motor vehicle collision, in which one of the defendants, Phillip Mullings, was the driver of a vehicle owned by his mother, defendant Claudia […]

August 1, 2007

2 min read

Ontario Superior Court reviews law for summarily dismissing a claim

An Ontario Superior Court of Justice case, Oliveira v. Mullings, recently considered the standard for summarily dismissing a claim made against an auto insurer. The claim was based on a September 2003 motor vehicle collision, in which one of the defendants, Phillip Mullings, was the driver of a vehicle owned by his mother, defendant Claudia […]

August 1, 2007

2 min read

Alberta introduces Insurance Act amendments, changes limitation periods

The Alberta government on June 12 introduced Bill 42, which contains a number of changes to the province’s Insurance Act, including an extension of the limitation period for a policyholder to claim against an insurer from one to two years. The bill proposes to establish a regulation-making authority that would require disclosure of a limitation […]

August 1, 2007

1 min read