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A “limitation” On The Insurer’s Duty Of Good Faith
According to the Ontario Court of Appeal in Usanovic v Penncorp Life Insurance Company, 2017 ONCA 395, an insurer’s duty of utmost good faith to its insured does not require it to disclose the existence of a limitation period. That is, unless the provincial parliament decides otherwise.
Tags: updateRepair And Storage Liens: Two Exclusive Procedures In Ontario
I am often asked by our astute clients whether they should apply under the two procedures provided in section 23 or 24 of the Ontario Repair and Storage Liens Act, on disputes with repair shops and tow operators over repair, tow and storage charges.
Tags: updateGetting Help With That Defence: Contribution Among Insurers
We learn from an early age that sharing is virtuous.
Tags: updateSix Year Delay May Prejudice Position In Priority Dispute
More than six years after an accident, who is first loss insurer where a plaintiff is insured under a policy covering his personal vehicle, and also under a policy covering his employer’s fleet of vehicles?
Tags: updateLoss Transfer: When Will Out-of-province Insurers Be On The Hook?
Twenty-five years after the overhaul of the automobile insurance regime in Ontario, some interesting questions have yet to be resolved.
Tags: updateRecent Ontario Decision On Jurisdictional Issues
Jurisdictional issues have been the focus of attention by the Supreme Court of Canada and the Court of Appeal of late.
Tags: update