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ARTICLE · 20 OCTOBER 2016

Insureds Claiming "Diminished Value" Damages Under Ontario's OAP1 Auto Policy

Miller Thomson
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"Does "damages" in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value?

CanadaInsurance
Patricia Forte
Patricia Forte
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"Does "damages" in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value? Is ...[an insured] estopped from claiming Diminished Value? Is this a contractual claim defined by the statutory policy or does the insurer stand in the place of the at fault tortfeasor?  Is this a collision claim which provides for strict "repair" on a contract or a claim where the insurer pays its own insured for the full gamut of damages, including Diminished Value?  Which section or sections of the OAP are applicable? Does the failure of ...[the insurer] to provide the mandated written notice regarding its election to repair deprive it of any rights?" 2

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