Personal Injury and Insurance Litigation
Changes to Ontario Accident Benefits Will Affect Your Next Renewal
Brian Babcock
November 2, 2010
Effective September 1, 2010 the Ontario standard form automobile policy changed, for the fourth – or perhaps fifth – time in twenty years, to conform to new regulations relating to statutory accident benefits (sometimes referred to as “no fault benefits”). These are the benefits paid beginning immediately after an accident without having to sue to prove fault. They include...
How Much Liability Insurance Do I Need?
Brian Babcock
October 30, 2009
The short answer is as much as you can afford. For most people, liability insurance comes in 2 or 3 forms – home, auto and possibly business. In each case, the liability coverage limit is the maximum amount the insurer will pay on your behalf if you accidentally injure someone, or accidentally damage their property. Any damages above that limit will...
What Is Personal Liability Coverage, or Umbrella Coverage?
Brian Babcock
October 16, 2009
The Ontario Court of Appeal recently upheld a jury verdict which assessed damages at over $15 million dollars for a motor vehicle case. After contributory negligence, the judgment was $9.5 million. Most automobile policies provide coverage of $1 million, and often insurers will only offer a maximum of two million. To avoid personal bankruptcy, more coverage is often appropriate.
Protecting Directors And Corporations With Directors & Officers Insurance
Brian Babcock
October 23, 2007
Many of us give back to our communities by serving as directors and officers of non-profit organizations. As with any other organization, officers and directors of non-profit organizations may be sued. There are also statutory liabilities for unpaid wages, withholding taxes, environmental infractions, and other matters. These are all designed by governments to encourage directors to be responsible.
Typical general liability policies protect the organization, officers, directors and employees from claims for negligence (such as a slip and fall, a host liability claim, fire damage to the neighbour’s building). Coverage is often limited for claims other than typical negligence, or excluded entirely. Common risks excluded include employee benefit administration, defamation or breach of contract, and even professional negligence.
Uninsured liability however could discourage anyone from volunteering.
In response, the insurance industry has developed a product known as Directors & Officers Insurance. This coverage is sold to the organizations, but the principal insureds are the directors and officers, not the corporation. It may also be available to for-profit business, and is particularly desirable where there are directors not involved in management.
Go-Kart Insurance Revisited: The Automobile Insurance Debate
Brian Babcock
August 27, 2007
In an earlier article, I discussed a Court of Appeal case which held that a go-kart you own is not covered under a particularly common homeowner’s policy. It was not covered because of exclusions in that policy, which excluded coverage for “motorized land vehicles”. At that time, I commented upon the apparent difficulty of insuring go-karts and similar recreational “toys”, because, although they are vehicles, they are not automobiles, and therefore, automobile insurers are unlikely to insure them.
Recently, a motions court judge in Southern Ontario considered an incident involving an amusement park go-kart. This judge extended coverage to the non-owned go-kart because, under Ontario’s Insurance Act , the definition of ‘automobile’ had been extended to include motor vehicles that are required to be insured. Under the Compulsory Automobile Insurance Act , motor vehicles must be insured if they fit the definition of motor vehicles under the Highway Traffic Act .
Still with me? Good, because we are almost at an answer.
Slip and Fall: An Ounce Of Prevention
Brian Babcock
January 05, 2007
The exceptionally mild winter in Thunder Bay has lead us to observe that systems for outdoor maintenance (clearing snow or ice, preventing run off from freezing) may need to be updated. What was reasonable for one set of conditions may be inadequate in milder weather. For instance, salt and chemical de-icers work in specific temperature ranges and for specific risks, but may not be suitable for current conditions.
When Is A Boat A Car?
Brian Babcock
October 24, 2006
While Canada’s Supreme Court did not actually say that a boat was a car in a recent decision, they did decide that the limits on damages under the Canada Shipping Act did not apply to injuries suffered when a doctor was injured by a bungee cord which struck his eye while he and a friend were securing a boat on his friend’s trailer.
Social Host Liability: Risks And Responsibilities
Brian Babcock
May 08, 2006
The Supreme Court of Canada has not extended the legal responsibility of party hosts to people injured by the drunk driving of party guests. A unanimous decision in Childs v Desormeaux upheld the Court of Appeal decision we discussed in a previous tip.
The essential lessons from the decision are:
- social hosts will not generally be legally responsible for damages if a guest later causes injuries
- this does not preclude hosts being responsible if on the facts of a future case, they go beyond the social norms, and pass into a category of creating the risky situation.
Breaking News: Social Host Liability
Brian Babcock
May 05, 2006
The Supreme Court of Canada has NOT extended the liability of social hosts to users of the highways, when a party guest causes an accident while driving after the party. We have commented on this case at the Court of Appeal level. A further comment on the Supreme Court decision will be posted soon.
Proving Liability In Slip And Fall Injury Made Easier
Brian Babcock
March 10, 2006
A recent case in the Ontario Court of Appeal has clarified what an injured person has to prove to show fault on the part of a parking lot owner or operator. The Plaintiff was not able to identify the exact spot where she tripped. Because of this, the trial judge found that she could not prove that the dairy had failed to meet the standard of a reasonable occupier...
Social Host Liability Update
Brian Babcock
January 19, 2006
On January 18, 2006, the supreme court of Canada heard arguments in Childs v. Desormeaux, the Ontario Court of Appeal case featured in a recent web tip on Social Host Liability . It will likely be several months before a result is known, and then we will have new guidelines as to if and when social hosts are responsible for injuries caused by their guests to other persons...
Business Interruption Insurance : Read The Fine Print
Brian Babcock
December 19, 2005
Business people buy insurance because disasters happen. One of the most troubling losses suffered after a fire or other damage to commercial premises is the interruption of the business. Revenue will be disrupted, while expenses will continue. For this reason, business interruption insurance is a key part of most commercial insurance packages.
Homeowners Insurance: Are You Underinsured?
Brian Babcock
January 19, 2005
Is your home adequately insured?
Best’s Review, the American insurance industry magazine, in its November 2003 issue focussed on homeowners insurance, quotes a survey by a U.S. provider of building cost information. It presented good news of sorts - the percentage of home owners who undervalue their homes on their policies had dropped - from 73% to 64%. This means that about two out of every three homeowners do not have their home fully covered.
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