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  • Article

    Off-Coverage Still Means On-Claims

    A FSCO arbitrator has confirmed that the first insurer that receives a completed application for accident benefits is required to adjust and pay the claim, even if the insurer is taking an off-coverage position.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Minnesota Is An "Inadequately Insured Motorist"

    The Court of Appeal for Ontario has held that a Minnesota tortfeasor with only $500,000 liability limits is an "inadequately insured motorist" under the Family Protection Endorsement in Ontario...
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    ONCA Affirms Vicarious Liability For Possession

    The Court of Appeal for Ontario has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver's negligence, even though no consent was given to operate the vehicle.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Trip And Fall? Better Land On A Car

    The License Appeal Tribunal has held that a person who tripped over stone blocks and fell into a parked Honda vehicle was involved in an "accident", making him entitled to receive accident benefit...
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    No Direct Impact? Still No "Leapfrogging"

    Kingsway General Insurance Company v. Dominion of Canada General Insurance Company dealt with a chain reaction involving four vehicles.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Loss Transfer And Tort: Never The Twain Shall Meet

    Recent work on cases has lead me to resurrect some older loss transfer case law that might still assist practitioners with their current cases. The first is the case from our Court of Appeal in...
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    How To Possess A Great Dane

    Can the definition of "owner" under the Dog Owners' Liability Act include someone who does not have dominion and control over the dog? The Court of Appeal for Ontario says "yes".
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company

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