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Canada: Insurers beware when settling claims under motor vehicle policies

Canada - February 12 2018 In settling three actions by paying out an entire policy limit pro rata, an insurer was taking the risk it would later be found liable for further...


Ontario Appeal Court Decides Appropriate Standard of Review for SABS Arbitral Decisions

Canada - February 6 2018 The standard of review applicable of SABS arbitral decisions arising from the statutory accident benefits regime under the Insurance Act is...


Forum shopping: arbitration provisions and an “action against insurer” clause

Canada, Global - January 16 2018 The Ontario Court of Appeal has declared that the proper effect to be given to international insurance agreements containing both an arbitration...


Top Canadian insurance rulings from 2017

Canada - December 21 2017 In 2017, there were a number of Canadian court rulings that will have an impact on the landscape of insurance litigation in the years ahead. Here is a...

Laurent Durocher-Dumais, Samuel Robichon.


Your mistake, not mine: The obligation of an insured in a subrogation claim

Canada - December 6 2017 In a recent judgment the Ontario Court of Appeal held that an insured is not statutorily or contractually obligated to include an insurer's subrogated...