Legal Blog

02 Oct 2017

Claimant entitled to SEF 44 coverage despite no “physical contact” with unidentified motorist

by Jason Caissie

Funk v. Wawanesa Mutual Insurance Company 2017 ABQB 308

On May 20, 2008, Andrew Funk was driving his 1999 Jeep TJ on a dark highway near Edmonton, Alberta.  As he was travelling on the highway, he noticed headlights coming in the opposite direction. As he proceeded down the highway, the headlights moved into Mr. Funk’s lane of travel.  He swerved to avoid a collision and his vehicle entered the ditch and rolled over, causing him severe...

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02 Oct 2017

Malfunctioning automatic door leaves store liable for Plaintiff’s claim

by Jason Caissie

Baldwin v. Canadian Tire, 2017 NBQB 3

On August 7, 2011, Mr. Baldwin went to Canadian Tire with his wife to purchase a whipper snipper.  When getting ready to pay, he realized he forgot his wallet in his car and went to retrieve it.

The doors to go outside were automatic and opened to the outside.  They were equipped with two motion sensors, one on the inside which cause the doors to open and one on the outside which would stop the doors...

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02 Oct 2017

No warning needed from insurer before expiration of claimant’s limitation period

by Jason Caissie

Usanovic v. Penncorp Life Insurance Company, 2017 ONCA 395

In September of 2007, Mr. Usanovic suffered serious injuries when he fell from the roof of a house he was working on.  He received disability benefits from the Defendant long term disability insurer until late 2011. He was advised by letter in January 2012 that his benefits were terminated as he no longer had a “total disability” as defined under the policy.

The insured reviewed...

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04 Sep 2017

Insurer must defend property owner and snow removal company in slip-and-fall lawsuit

by Andrew Moss

Riocan Holdings Inc. v. Intact Insurance Co., 2017 ABCA 73

Riocan Holdings Inc. owns several properties in Alberta. Riocan contracted with Think Green Alberta to carry out snow removal and sidewalk maintenance at its properties. In the service contract, Think Green Alberta agreed to indemnify Riocan in respect of every loss, cost or expense which Riocan suffers as a result of any claim arising from or related to the snow removal work,...

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04 Sep 2017

Good faith insurer to pay full indemnity costs for wrongful denial of coverage

by Andrew Moss

Hoang v. The Personal Insurance Co, 2017 ONSC 4193

On August 6, 2004, Mr. Can Hoang drove his Toyota with his two children, along with his niece and his nephew, from Scarborough to downtown Toronto. Mr. Hoang dropped off the children at the intersection of Yonge and Queen and then drove away to find parking. After dropping off the children at the intersection, a gust of wind blew the hat off of 6-year-old Christopher Hoang’s head....

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