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Posts Categorized: insurance law

Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading

Homeowner’s Insurance > Please Defend Me > Fighting with My Neighbour

As reported in the Ontario Reports, the 2009 Superior Court of Justice case of Glassford v. TD Home and Auto Insurance Co. (2009), 94 O.R. (3d) 630 (S.C.) deals with the duty to defend and the role of a homeowner’s insurance policy when you are sued in a lawsuit.

What happens if you get into a physical fight with your neighbour?  And your neighbour sues you for hurting him in that fight?

If you have homeowner’s insurance, then your insurance company may have a duty to defend you in that lawsuit – i.e.… Continue Reading

Pain and Suffering Damages in Alberta

As background, this follows our June 4 and June 5 blogs on pain and suffering damages.

Last week, the Alberta Court of Appeal in Morrow v. Zhang (2009 Alberta Court of Appeal) reversed the Trial decision which had previously struck down their threshold legislation regarding car accidents (see PDF version of Judgment here).

Therefore, as a result of the Alberta Court of Appeal’s decision, Alberta has a limit of $4,000 in damages for “minor injuries” suffered in car accidents.

It is unknown whether there will be an appeal to the Supreme Court of Canada, although one is expected.… Continue Reading

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Ex-Nortel CEO Fights his Insurer > Pay My Lawyer’s Fees!

A rather frequent issue is whether an insurance policy will apply to a lawsuit brought against the insured. That is, insurance premiums were paid at some point in time and now a lawsuit is brought against the insured and the question often is whether the insurance policy is required to “defend” the insured and/or provide “coverage” to the insured.

If the insurance company limits the scope of the policy’s response to the lawsuit, then the insured may choose to go to Court to determine how involved the insurance policy must become in relation to the outstanding lawsuit.… Continue Reading

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Car Accident Injuries > How Much is Your Pain and Suffering Worth?

If you are hurt in a car accident, how much is your pain and suffering worth by way of damages?

Answer – it depends on whether your injuries are minor or serious in nature.  It also depends on the location of your accident, as different provinces deal with this issue differently.

For serious injuries, pain and suffering damages are capped and the maximum you can receive is approximately $315,000 (more on this in tomorrow’s blog).

For minor injuries, the law may limit your pain and suffering damages. … Continue Reading

Homeowner’s Insurance Protects You Outside Your Home > Insurer Must Defend $2.5M Lawsuit Arising from Fight

What happens if you get into a physical altercation with another person and then that person sues you as a result?

Will your homeowner’s insurance defend you in that lawsuit?

Will your homeowner’s insurance pay any damages awarded against you in that lawsuit?

In Graham v. Coakley (2008 Ontario Superior Court), a 40 year old martial arts instructor (Coakley) physically scuffled with a 19 year old male (Graham) at a shopping mall.  Coakley allegedly threw Graham through a door and then onto the ground, using a martial arts body throw in the process. … Continue Reading

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