Coverage Issues For Off-Road Vehicles
By: Melissa A. Wright, Litigation Associate A recent decision by the Ontario Licence Appeal Tribunal reminds us of the potential coverage issues surrounding off-road vehicles, such as all-terrain vehicles, commonly referred to as ATVs.[1] The applicant was injured in...
Ontario Court Provides “Appropriate” Relief Against Statutory Limitation For Insurance Claims
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate Ontario’s two year limitation period often becomes a trap for unwary policy holders who suffer a property loss. It is not uncommon to see claims drag on through the adjusting process,...
Policyholder Entitled To Full Indemnity Costs for Coverage Action
By: Melissa A. Wright, Litigation Associate The recent costs endorsement in Hoang v. The Personal Insurance Co.[1] provides policyholders with a succinct reminder of the general rule that a policyholder is entitled to full indemnity costs where an insurer wrongfully...
Coachman Insurance Co. v. Kraft: A Passenger can be in “Use” of a Motorized Vehicle
By: Camille M. Dunbar, Litigation Associate In Coachman Insurance Co. v. Kraft,[1] a recent decision of the Ontario Superior Court, the Court found that “use” of a “motorized vehicle” in a homeowner’s policy exclusion includes the conduct of a passenger on an ATV....