insurance news

Test Post 2

January 15, 2009 19:52

Test Post 2Test Post 2

Can Defendants Ever Make Effective Rule 49 Offers in MVA Cases?

November 28, 2008 21:07

We are indebted to Mark (”Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the $30,000 deductible imposed by the Insurance Act. The...

Not “Quantum of Solace” But “Quantum of Claims”

November 27, 2008 05:31

In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not sued within the limitation period. Ultimately, the...

Income Replacement Benefits Subject to Garnishment

November 27, 2008 02:48

Mr. Justice John Cavarzan has held, in Lease Truck Inc. v. Serbinek, that a creditor of an insured is entitled to garnishment of income replacement benefits. Once it receives notice of the garnishment, the insurer paying the accident benefits is obliged to pay 20% of the IRB to the creditor. ...

Insurer Added as Third Party Under Insurance Act Permitted to Examine Insured for Discovery

November 18, 2008 04:54

Kapileshwar v. Sivarajah is an interesting decision of Master Ronald Dash. It deals with some of the problems that can arise where an auto insurer exercises the right conferred by s. 258(14) of the Insurance Act and has itself added as a statutory third party in an action against its insured. That...