Legal Blog

01 May 2015

Insurers Beware : Two Year Limitation Begins Only After Insurer Denies Benefits Under Section D

by Admin

Tucker v. Unknown Person, 2015 NLCA 21

Mr. Tucker sustained injuries when he was struck by an unidentified motorist on October 13, 2007. Shortly after the accident, Tucker’s lawyer advised Tucker’s auto insurer, AXA Insurance, that Tucker would be seeking recovery for his damages under the Section D Uninsured Motorist Coverage of his insurance policy.

Two years to the day from his accident, on October 13, 2009, Tucker filed an action in...

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31 Mar 2015

University Student Considered an Insured “Dependent” Despite Living Away from Home

by Erika Hachey

Gardiner v. MacDonald Estate, 2015 ONSC 227

Are university students truly independent of their parents? As much as they would like their parents to believe they are, when it comes to automobile insurance and SEF 44 contracts, these students may not be.

In January of 2008, Ben Gardiner was enrolled in his second year at Carleton University in Ottawa. Like many university students, Gardiner had lived in residence during his first year and...

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31 Mar 2015

Insurer Ordered to Defend Tae Kwon Do Club Against Student’s Injury Claim

by Erika Hachey

Tien Lung Taekwon-Do Club v Lloyd's Underwriters, 2015 ABCA 46

Here, an insurer attempted to deny coverage to a business for an injury claim made by a student hurt at a martial arts club.

A club user was injured by an instructor during black belt training. The club user brought an action against the instructor and the martial arts club for his injuries.

The martial arts club had purchased liability insurance from Lloyd’s Underwriters and...

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31 Mar 2015

Without Proof of Driver’s Impairment, Plaintiff’s Insurer is Ordered to Pay

by Erika Hachey

Conrad v. Wawanesa Mutual Insurance, 2015 NBQB 14

On the evening of November 7, 2012, Rosalind Conrad and her friend Kelly Rideout were taking in the uptown Saint John nightlife. They both had a few drinks early in the evening, and then went to a bar for more drinks.

Ms. Conrad became separated from Ms. Rideout while at the bar. However when they met up outside Ms. Conrad’s car at the end of the night, Ms. Rideout appeared sober and asked...

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02 Mar 2015

Lawyers Can Speak With Experts in Confidence About Draft Reports

by Matthew Pearn

Moore v. Getahun, 2015 ONCA 55

On November 12, 2005, Blake Moore lost control of his motorcycle, flying over the handle bars. Moore and his motorcycle hit a parked car. He was taken to hospital in Scarborough, Ontario where he was treated by doctors for a fracture of his right wrist.

Moore underwent surgery on his wrist. Afterwards, Dr. Tajedin Getahun, a recently qualified orthopaedic surgeon, put a cast on Moore's wrist.

The next day,...

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