Articles

About Articles The following articles are published by the Insurance Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today
Insurers Have to Explain the Basis for Denial of Coverage; But What About Privilege?

Insurers Have to Explain the Basis for Denial of Coverage; But What About Privilege?

  • October 20, 2015
  • Sudevi Mukherjee-Gothi

In the July 29, 2015 decision in Lica v. Dhaliwal, Price J ordered that State Farm, the insurer of the Defendants provide the reasons and basis for the denial of coverage. State Farm insured the Defendants in this action. However, State Farm denied coverage and added itself as a statutory third party in the action. State Farm did not provide detailed reasons for the denial of coverage.

Insurance Law
<em>Insurance Act</em> Deductible Increases in Effect

Insurance Act Deductible Increases in Effect

  • October 20, 2015
  • Erin Cullin

The amendments to the Insurance Act and its regulations, increasing the amount of the statutory deductibles in motor vehicle accident cases, took effect as of August 1, 2015.

Insurance Law
Coverage Issues:  Overcoming the Consent Clause

Coverage Issues: Overcoming the Consent Clause

  • October 20, 2015
  • Laura Hodgins

Most insurance policies contain some variation of the “consent clause.” Generally speaking, these clauses require that an insurer who has extended coverage to a policyholder consent to any proposed settlement. While most insurers believe this provision to be not only enforceable but fundamental to their ability to manage claims on behalf of their policyholders, a recent case from Pennsylvania reminds us that with the right facts and in the right circumstances such clauses can be overcome.

Insurance Law
Welcome Fall!

Welcome Fall!

  • September 14, 2015
  • Brett Stephenson

Welcome Fall! The OBA Insurance Law Executive is looking forward to another excellent year including a newsletter publication every two months along with several must attend CLE’s commencing on September 28, 2015.

Insurance Law
Message From the Chair

Message From the Chair

  • April 27, 2015
  • Audrey Ramsay

Time to celebrate! No, not just because spring is here but also to come honour our best and brightest, and the work the section has accomplished this year!

Insurance Law
Message from the Editor

Message from the Editor

  • March 23, 2015
  • Brett Stephenson

Spring is upon us! This month's OBA Insurance Law articles feature two excellent articles: “Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits” by Patrick Brown and “The Mindful Lawyer” by Catie Fenn. We are also pleased to publish Jason Hickman’s fantastic case comment on Iannarella v. Corbett....

Insurance Law
Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits

Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits

  • March 23, 2015
  • Patrick Brown

Extreme sports is a growing industry that is profiting from the human desire to experience the adrenaline rush associated with risk-laden activities. Whether it is racing down a ski hill on a mountain bike, falling from a white water raft, or climbing up a rock face, there is an increased appetite for such thrills. As the appetite grows, the number of private “pay to play” facilities looking to profit from the rush are on the rise — along with injuries and lawsuits.

Insurance Law
The Mindful Lawyer

The Mindful Lawyer

  • March 23, 2015
  • Catie Fenn

There have been a myriad of articles published in the past few years that address stress and the havoc it can wreak in every area of our lives. We have heard it all: Stress can make you fat; Stress can kill you; Stress is worse for you than smoking; Stress can make you drink too much; Stress can make you depressed. While stress is an issue that affects everyone in our society, it is particularly pertinent to lawyers because the practice of law is inherently stressful and intense.

Insurance Law