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Stolen ATV covered for SABS benefits under umbrella policy of priority insurer
  • Harper Grey LLP
  • Canada
  • May 9 2017

An insurer who acquired ownership of a stolen ATV was obliged to provide statutory accident benefits under the Ontario Statutory Accident Benefits


Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld
  • Harper Grey LLP
  • Canada
  • April 20 2017

Arbitrator's findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis


Cannonball! FSCO confirms that using a truck as a diving platform is not an “accident”
  • Samis+Company
  • Canada
  • April 6 2017

Director’s Delegate Evans recently released the appeal decision in Intact Insurance Company v. Roberts (FSCO Appeal PO16-00009). The claim arose


Driving without insurance conviction doesn't end discussion in civil context if whether or not policy is validly cancelled: CAO says not an abuse of process to allow such evidence to be examined in Intact v. Federated
  • Zarek Taylor Grossman Hanrahan LLP
  • Canada
  • February 16 2017

This priority dispute between Intact and Federated gave the Court of Appeal a chance to discuss the scope of abuse of process in the context of a


Late Disclosure, LAT Loss
  • Samis+Company
  • Canada
  • February 15 2017

The recent LAT decision of S.G. And Unifund, 16-000879AABS by Adjudicator Anna Truong should be seen as a win for proper procedure and that the LAT


Side agreements in loss transfer situations reprised: Wawanesa v. ACE INA
  • Zarek Taylor Grossman Hanrahan LLP
  • Canada
  • February 12 2017

Remarkably, on the same day as Arbitrator Ken Bialkowski released his decision in Certas Direct v. ACE INA, which is the subject of an earlier blog


How much latitude is there for adding issues to existing FSCO cases after April 1, 2016: Aviva and Duong
  • Zarek Taylor Grossman Hanrahan LLP
  • Canada
  • February 1 2017

The April 1, 2016, changes to the Insurance Act direct all new accident benefits disputes to the LATAABS. FSCO's own mediation reports included the


The effect of side-agreements between insurers and their insureds in loss transfer situations: Certas Direct v. ACE INA
  • Zarek Taylor Grossman Hanrahan LLP
  • Canada
  • January 31 2017

In this loss transfer private arbitration decision released on December 22, 2016, Arbitrator Bialkowsi was asked to determine the preliminary issue of


Priority Rules and the Strict 90 Day Limitation on Notice - Sometimes 90 days isn't 90 days: Allstate v. State Farm and Dominion
  • Zarek Taylor Grossman Hanrahan LLP
  • Canada
  • January 18 2017

Those that handle priority disputes in the insurance industry know that there is no shortage of decisions from private arbitrators regarding Ontario


LAT is not the only option for CAT disputes after April 1, 2016
  • Miller Thomson LLP
  • Canada
  • January 18 2017

Director’s Delegate Evans has decided that issues can be added to an existing FSCO arbitration after April 1, 2016 instead of commencing an