Search
|
Open menuClose menu
Facebook Twitter LinkedIn Instagram
Facebook Twitter LinkedIn Instagram
Page banner
Home › Resources

Loss Transfer / Priority Dispute Arbitration Decisions

No.

Name

Date

Arbitrator

Details

1188 CERTAS (Stuckless) v. ACE INA December 22, 2016 Kenneth J. Bialkowski Priority Dispute 
1187 ALLSTATE (Eyamie) v. STATE FARM & DOMINION December 19, 2016 Kenneth J. Bialkowski Priority Dispute

1186

MVACF (D`Souza)_STATE FARM GEICO

October 25, 2016

Kenneth J. Bialkowski

Priority Dispute

1185

INTACT (Shaoqing) v_ AIG

October 2, 2016

Kenneth J. Bialkowski

Priority Dispute

1184

Unifund v Dominion

September 23, 2016

Lee Samis

Priority Dispute

1183

ROYAL (Chavez) STATE FARM

August 11, 2016

Kenneth J. Bialkowski

Priority Dispute

1182

SECURITY NATIONAL (Sadler)_v. BELAIR

July 14, 2016

Kenneth J. Bialkowski

Priority Dispute

1181

ECONOMICAL (Clarke)_UNIFUND

June 23, 2016

Kenneth J. Bialkowski

Priority Dispute

1180

TD HOME & AUTO INSURANCE v. WAWANESA MUTUAL INSURANCE 

June 3, 2016

Lee Samis

Loss Transfer

1179

STATE FARM (Basile)_TD PRELIM DECISION

May 18, 2016

Kenneth J. Bialkowski

Priority Dispute

1178

ECONOMICAL (Clarke)_UNIFUND

May 24, 2016

Kenneth J. Bialkowski

Priority Dispute

1177

JEVCO v CHIEFTAIN

March 11, 2016

Philippa G. Samworth

Priority Dispute re OPCF-47

177

AVIVA v SOVEREIGN

January 27, 2016

Lee Samis

Priority Dispute

176

NORTHBRIDGE v INTACT

December 29, 2015

Lee Samis

Priority Dispute

175

AVIVA (Ali)_SECURITY NAT'L

January 4, 2016

Kenneth J. Bialkowski

Priority Dispute

174

SECURITY NAT'L (Larmer)_UNIFUND DECISION 8-438

December 9, 2015

Kenneth J. Bialkowski

Priority Dispute

173

ROYAL (Walker) v._TD

November 30, 2015

Kenneth J. Bialkowski

Priority Dispute

172

INTACT (Cadieux)_FEDERATED DECISION

October 23, 2015

Kenneth J. Bialkowski

Priority Dispute

171

CO-OPERATORS (Cundle)_DOMINION

October 23, 2015

Kenneth J. Bialkowski

Loss Transfer

170

AVIVA (Tassone)_WAWANESA DECISION

September 21, 2015

Kenneth J. Bialkowski

Loss Transfer

169

MVACF (Young)_STATE FARM DECISION

August 31, 2015

Kenneth J. Bialkowski

Priority Dispute

168

Co-operators (Horan).Axa

August 13, 2015

Kenneth J. Bialkowski

Dependency, Priority Dispute

167

Intact v. Allstate (Endorsement Appeal)

July 2, 2015

Raikes, J.

Dependency

166

Kingsway (Kibukila) v Lombard

June 26, 2015

Kenneth J. Bialkowski

Loss Transfer

165

DOMINION (Rupolo) v. STATE FARM

June 26, 2015

Kenneth J. Bialkowski

"Insured Person", Priority Dispute

164

Co-operators v. Pembridge

June 25, 2015

Lee Samis

"Dependency, Priority Dispute"

163

Economical v Northbridge

June 5, 2015

Lee Samis

Loss Transfer

162

ING v State Farm

May 26,  2015

Lee Samis

Priority Dispute

161

OPTIMUM (Robertson)_STATE FARM

April 25, 2015

Kenneth J. Bialkowski

Priority Dispute

160

OPTIMUM (DePaz)_STATE FARM

April 24, 2015

Kenneth J. Bialkowski

Priority Dispute

159

UNIFUND (Giamos) v INTACT

April 17, 2015

Kenneth J. Bialkowski

Priority Dispute

158

UNIFUND (Macho) v. WAWANESA

April 8, 2015

Kenneth J. Bialkowski

Priority dispute pursuant to s. 268 of the Insurance Act, R.S.O. 1990, c.I.8, is an insurer precluded from proceeding to arbitration upon a breach of s. 8_2__2_ of Ontario Regulation 283/95 in failing to schedule and have a pre-arbitration hearing take place no later than 120 days after the appointment of the arbitrator

157

Rampersaud re Wawanesa v. Axa

March 26, 2015

Scott W. Densem

Priority Dispute

156

Co-Operators v. Perth, Aviva, Intact and TD

February 3, 2015

Kenneth Bialkowski

Preliminary issues re s. 7_3_ of Ontario Reg. 283/95 re1 year time limitation to initiate priority dispute arbitration after serving Notice and the requirement in s. 8_2_(5) of Ontario Reg. 283/95 of completing such arbitration within 2 years

155

Echelon v. Co-Operators

January 20, 2015

Lee Samis

The effect of OPCF 47 on priority issues is discussed

154

Unifund v. Markel

January 9, 2015

Kenneth Bialkowski

Preliminary issue re which insurer bears first responsibility to claim for SABS benefits

153

Economical v. MVACF, North Waterloo and Jevco

January 7, 2015

Scott W. Densem

Priority dispute

152

Gore v. AXA

December 22, 2014

Kenneth Bialkowski

Priority dispute involving a spousal issue and the criteria applicable to determine whether an individual is the “spouse” of another

151

Economical v. State Farm

December 22, 2014

Kenneth Bialkowski

Priority dispute re application of the one year limitation to commence arbitration as set out in S.7_3_ of Ontario Regulation 283/95

150

Jevco v. Wawanesa

December 21, 2014

Kenneth Bialkowski

Priority dispute involving the 90 day notice requirement and the application of the “savings provisions” of Section 3_2_ of Ontario Regulation 283/95 – Dispute Between Insurers

149

Jevco v. Liberty Mutual

December 20, 2014

 Kenneth Bialkowski

Loss transfer re whether the “left turn/overtaking vehicle” provisions of Rule 10(6) apply, rather than the Rule 6 “striking from the rear” provisions

148

Intact v. The Co-Operators

October 17, 2014

Kenneth Bialkowski

"Regular use", legal implication of "beneficial ownership" and insurance coverage where a policy is issued to a sole proprietorship

147

Intact v. Allstate

October 16, 2014

Kenneth Bialkowski

Appropriate timeframe for  calculation of financial dependency

146

Economical v. Zurich

September 2, 2014

Lederer, J.

Appeal of decision re limitation period for pursuing loss transfer claim

145

Intact v. Economical

July 17, 2014

Kenneth Bialkowski

"Spousal" and "dependency", with an interpretation of the words "adoptive parents"

144

State Farm v. RSA

July 2, 2014

Kenneth Bialkowski

Loss transfer - Argument was made that Rule 19(a) should not apply if the reversing vehicle was actually stopped at impact

143

Economical v. Wawanesa

May 7, 2014

Lee Samis

Priority dispute re whether cancellation was properly effected

142

Wawanesa v. Peel Mutual and Economical

April 15, 2014

Lee Samis

"Regular Use" and dependency

141

Pafco v. Cumis

March 31, 2014

Kenneth Bialkowski

Impact of Excluded Driver Endorsement

140

Dominion v. Axa and MVACF

March 31, 2014

Kenneth Bialkowski

Obligation of first insurer to receive completed Application and to conduct reasonable priority investigation prior to putting MVACF on notice

139

State Farm v. Manitoba Public Insurance

February 4, 2014

Kenneth Bialkowski

Limitation periods in a loss transfer dispute

138

St. Paul Fire and Marine/Travelers v. Wawanesa

January 15, 2014

Philippa G. Samworth

The September 2010 legislative change to the definition of "insured person" in the SABS, requiring a claimant to be a spouse or a dependent of an individual, does not restrict a claimant from being a spouse or dependent of a regular user

137

York Fire v. Kinsgway

January 15, 2014

Lee Samis

Priority dispute re personal automobile insurers of the SABS claimant and the insurer of certain commercial vehicles owned by the claimant's employer

136

Economical v. State Farm

January 13, 2014

Kenneth Bialkowski

Dependency - Non-occupant - Claimant working for 3 months after college is not a dependent

135

TD General v. Zurich

December 24, 2013

Kenneth Bialkowski

Laches and limitation period in a loss transfer claim

134

Jevco v. Economical

December 23, 2013

Kenneth Bialkowski

Loss transfer re indemnification for payments made in settlement of AB claim at  mediation, and whether payments were reasonable

133

TD General v. Markel

December 13, 2013

Lee Samis

Involves both loss transfer and priority dispute

132

Co-Operators v. Wawanesa and Chartis

November 15, 2013

Kenneth Bialkowski

Costs decision re what costs a second party insurer is entitled to recover from a first party insurer in a priority dispute where the claim of the first party insurer is withdrawn before a first pre-arbitration teleconference is even had, and who should pay arbitrator costs

131

State Farm v. Dominion

November 12, 2013

Kenneth Bialkowski

Costs decision re what costs  a second party insurer is entitled to recover from a first party insurer in a priority dispute where the claim of the first party insurer is withdrawn immediately after satisfaction by the second party insurer of the arbitrator's initial production order, and who should pay arbitrator costs

130

Chubb Insurance v. Aviva and Intact

November 11, 2013

Kenneth Bialkowski

Dependency, "regular use"

129

Howard Mutual v. Zurich

November 8, 2013

Kenneth Bialkowski

Costs decision re whether Respondent entitled to costs of appeal of award assessed, and what is appropriate assessment of partial indemnity costs awarded to Zurich re the arbitration proceeding

128

Dominion v. Lombard

September 11, 2013

Kenneth Bialkowski

S.3 (7) (f) SABS - "Regular Use" and "Deemed Named Insured", insured by reason of "being specified in the policy" and election provisions of S.59 SABS

127

Dominion v. MVACF

July 17, 2013

Stinson, J.

Priority and dependency

126

State Farm v. Zurich

July 10, 2013

Kenneth Bialkowski

Loss transfer re waiver and estoppel

125

State Farm v. AXA

June 11, 2013

Stanley Tessis

Is AXA obligated to indemnify State Farm for SABS paid to its insured, assuming the policy of insurance of AXA was void ab initio?

124

Intact v.State Farm 

June 6, 2013

Kenneth Bialkowski

Loss transfer

123

RSA v. Echelon

June 3, 2013

Kenneth Bialkowski

Regular Use

122

Continental v. Sovereign

June 3, 2013

Kenneth Bialkowski

Regular Use

121

Security National v. Wawanesa

May 21, 2013

Vance Cooper

Costs decision re priority dispute where the first insurer abandoned the dispute after three arbitration pre-hearing conferences had been held

120

Allstate v. Belair

April 25, 2013

Kenneth Bialkowski

Priority dispute re 90 day notice period

119

Waterloo v. Wawanesa

April 25, 2013

Lee Samis

What constitutes receipt of a completed Application for Benefits? Did Waterloo make reasonable investigations regarding priority within the 90 day period? Was 90 days sufficient to make a determination of another insurer’s liability?

118

Guarantee Company v. State Farm

April 1, 2013

Kenneth Bialkowski

Priority dispute re dependency

117

State Farm v. Cooperators

March 26, 2013

Kenneth Bialkowski

Motion to dismiss re time-barred (more than 1 year after first serving Notice of Dispute)

116

TD v. Co-Operators

February 26, 2013

Lee Samis

Priority dispute re dependency

115

Unifund v. State Farm

January 7, 2013

Kenneth Bialkowski

Regular Use

114

Wawanesa v. CNA Continental et al

December 31, 2012

Lee Samis

Re request for discovery - Should the Applicant be compelled to submit to an Examination Under Oath?

113

Dominion v. AXA et al

December 19, 2012

Kenneth Bialkowski

Preliminary Costs decision re dismissal of arbitration against AXA

112

Jevco v. The Personal

December 7, 2012

Kenneth Bialkowski

Preliminary issue: Do any Fault Determination Rules apply?

111

Intact v. Old Republic

November 15, 2012

Kenneth Bialkowski

Preliminary issue:  Do any Fault Determination Rules apply?

110

Co-Operators v. Western

September 19, 2012

Kenneth Bialkowski

Priority dispute re dependency: Was the claimant principally dependent for financial support on his grandparents?

109

Wawanesa v. AXA

September 11, 2012

Weiler, Blair and Rouleau JJ.A.

Appeal of July 7, 2011 Judgment re whether expense of insurer generated medical assessments conducted to assess a claimant's entitlement to benefits under the SABS is recoverable under s. 275_1_ of the Insurance Act

108

State Farm v. Federated

August 16, 2012

Shari Novick

Rule 6 of the Fault Determination Rules applies in a rear-end type of collision

107

Jevco v. RSA

June 28, 2012

Kenneth Bialkowski

Loss transfer. Quantum of indemnification in light of no collaterals available.

106

Wawanesa v. Security National and Appeal Endorsement dated Nov. 27, 2014

 

April 30, 2012
Nov. 27, 2014 appeal

Bruce Robinson

Priority dispute. Is a visitor sponsored to be in Canada, and unable to work or collect social assistance, dependent upon his son, or son's spouse, with whom he lives?

105

RSA v. Wawanesa

April 17, 2012

Lee Samis

Production of documents in a loss transfer dispute

104

Aviva v. Zurich

April 13, 2012

Lee Samis

Production of documents in a loss transfer dispute

103

 RBC v. Zurich

March 15, 2012

 Shari Novick

Does an insurer responding to a claim, and pursuing priority against another insurer, have an obligation to bring an application to WSIAT where there is a live Workers Compensation issue?

102

Wawanesa v. Markel

March 8, 2012

Kenneth Bialkowski

Determination of a quantum of interest, costs and disbursements

101

Co-operators v. Kingsway

March 8, 2012

Kenneth Bialkowski

Is a tort Defendant, who is also a loss transfer payor, entitled to a credit for amounts paid in the tort action for future care?

100

 RBC v. Geico

March 2, 2012

Phillipa Samworth

Interesting issues involving the PAU, "Other Automobiles" under the OAP and identity theft of the named insured

No.

Name

Date

Arbitrator

Details

99

Certas Direct (The Personal) v. Security National

February 2, 2012

Kenneth Bialkowski

Notice and time limitation requirements imposed on a second tier insurer and the issue as to what constitutes an effective cancellation of a motor vehicle policy of insurance

98

Economical v. ACE INA

December 2011

Vance Cooper

Priority dispute re Workplace Safety and Insurance Act Tribunal

97

AXA v. Loblaw

October 13, 2011

Kenneth Bialkowski

Involved vehicle

96

Intact v. Jevco

October 13, 2011

Kenneth Bialkowski

Spousal issue

95

Guarantee v. State Farm and ING 

September 9, 2011

Lee Samis

Priority dispute - “Completed Application” determined not to be one of the rare cases where there is deemed to be receipt of a “Completed Application” without a signed OCF 1

94

 TD v. Markel

 August 24, 2011

 Lee Samis

Insurer who accepted priority after receiving Notice of Dispute may reverse that position if representation made in Notice of Dispute about person's status as not a listed driver is inaccurate

93

ACE v. Intact

August 22, 2011

Lee Samis

Priority dispute - Insurer not exempted from giving notice within 90 days, not having conducted reasonable investigation

92

Allstate v. ING

August 18, 2011

Lee Samis

Dependency - Timeframe for assessment for person resident elsewhere, in MVA while visiting family in Canada

91

St. Paul's Travelers v. York Fire 

August 11, 2011

Lee Samis

Dependency – Selection of reference time frame for determination of financial dependency. Desirability of using objective information for the purpose of determining needs

90

Markel v. State Farm

August 11, 2011

Kenneth Bialkowski

Deflection and "the first party to have received a completed Application for Accident Benefits"

89

Economical v. Royal

August 11, 2011

Lee Samis

Loss transfer – “The incident” should not take into account antecedent events that are not the proximate cause of the loss

88

Security National v. The Personal

August 9, 2011

Kenneth Bialkowski

Priority dispute re dependency and the test to be applied

87

AXA v. CNA

July 22, 2011

Lee Samis

Loss transfer, recoverability, interest and costs

86

Wawanesa v. Peel and Economical

June 21, 2011

Lee Samis

Did Peel receive a complete Application for Benefits?  What is the effect of the saving provision found in ss. 3_2) of Ontario Reg. 283/95?

85

Wawanesa v. Aviva and MVACF

May 19, 2011

Kenneth Bialkowski

What constitutes proper notice of a priority dispute as required by Section 3(1) of Ontario Regulation 283/95?

84

Kingsway v. Zurich

April 4, 2011

Lee Samis

An insurer that failed to pursue priority issues against a higher ranking insurer was precluded from recovering indemnity under loss transfer

83

ING v. Markel, with decision on appeal dated Apr. 5, 2012 (appeal dismissed), with Order of Justice Edward P. Belobaba of the Superior Court of Justice dated July 12, 2011

April 4, 2011
April 5, 2012 appeal

Lee Samis

Limitations Act 2002 applies to loss transfer. The limitation starts to run after notice, and after a proceeding is appropriate.  On appeal, the application of the Limitations Act to loss transfer claims is analyzed

82

Markel v. Co-Operators

March 31, 2011

Lee Samis

Obligation to make SABS payments - Are the proceedings initiated precluded as a result of not being commenced in a timely fashion?  Do the time limits imposed by O. Reg. 283/95 govern the issue, or does the Limitations Act 2002 apply, superseding the O. Reg. 283/95 provisions?

81

Ace of America v. Security National

March 11, 2011

Kenneth Bialkowski

90 day limitation period re priority dispute claims and the interpretation of s. 3 - Disputes Between Insurers

80

Security National v. Axa

February 15, 2011

William J. McCorriston

Was the Claimant dependent on his son, the named insured?

79

Economical v. Wawanesa

February 8, 2011

Kenneth Bialkowski

Complicated Priority dispute - Were policies properly cancelled prior to DOL?

78

 RSA v. Zurich

February 7, 2011

Kenneth Bialkowski

Priority dispute - Who has priority to adjust and fund the AB claim?

77

State Farm v. Markel

February 4, 2011

Lee Samis

Loss transfer - Is there a loss transfer when the injured person claiming benefits is a cyclist, injured in connection with an incident that involves a heavy commercial vehicle?

76

Wawanesa v. Peel

January 28, 2011

Lee Samis

 

Priority dispute - Does a second tier insurer intending to pursue other insurers have to provide notice within 90 days as the first tier insurer is required to do?

75

Federation v. Kingsway

December 16, 2010

Scott Densem

Limitation discussion with respect to a loss transfer claim. The Limitations Act 2002 applies and the limitation starts to run with receipt of each notice of a claim for indemnity

74

Primmum v. Lloyds and Aviva

October 8, 2010

Bruce Robinson

Loss transfer - Fault Determination Rules

73

Aviva v. Continental

September 17, 2010

Bruce Robinson

Dependency

72

Economical v. Kingsway

August 9, 2010

Scott Densem

"Deemed named insured" priority dispute re s. 268 payment of SABS

71

Coseco v. ING

July 21, 2010

Lee Samis

Dependency status and determination of whether ING is obliged to accept priority responsibility for SABS

70

Gore Mutual v. Lombard and MVACF

June 21, 2010

Kenneth Bialkowski

Loss transfer - Is Gore's purported letter of termination legally sufficient to result in a termination of Gore's insurance obligations under the policy?

69

Guarantee Company v. Wawanesa and Zurich

May 7, 2010

Lee Samis

 

Was Claimant a dependent on the CAS? Can a person be dependent on anyone other than a natural person?

68

Geico v. Aviva

April 19, 2010

Lee Samis

Is a dependent of Ontario social welfare programs an "Insured Person" under the SABS?

67

State Farm v. Coachman

April 6, 2010

Lee Samis

Priority dispute re SABS benefits payable

66

Security National v. Markel with Reasons for Decision of Perell, J. on appeal dated Sept. 27, 2010, and companion decision (Reasons for Decision of Perell, J. re Kingsway v. Gore dated Sept. 27, 2010)

November 20, 2009
Sept. 27, 2012 appeal

Lee Samis

Occupancy, choice, "Named Insured", "Regular Use"

65

Kinsgway v. Gore with Reasons for Decision of Perell, J. on appeal dated Sept. 27, 2010

October 15, 2009
Sept. 27, 2010 appeal

Kenneth Bialkowski

"Named Insured", priority dispute

64

Wawanesa v. Old Republic

October 15, 2009

J. Jay Rudolph

Priority dispute re application to Workplace Safety Insurance Appeals Tribunal

63

Optimum v. State Farm

October 7, 2009

Kenneth Bialkowski

Interpretation of words "outside city, town or village" re Fault Determination Rules

62

Primmum v. State Farm

August 31, 2009

Lee Samis

Dependency

61

Wawanesa v. Her Majesty and Allstate

August 14, 2009

Bruce Robinson

"Insured Person"

60

ING v. Zurich

July 23, 2009

Shari Novick

Do loss transfer provisions apply to claims arising out of motor vehicle accidents involving pedestrians? Loss transfer

59

Farmers Mutual v. Co-Operators

July 3, 2009

Lee Samis

Can one insurer put another on notice of a priority dispute more than 90 days after having received a Completed Application for Benefits? "Named Insured", spousal status, priority dispute

58

ICBC v. Federated

July 3, 2009

Lee Samis

Dependency

57

Gore Mutual v. Guarantee Company, with Reasons for Decision of Echlin, J. on appeal dated July 8, 2010

 

Apr. 18, 2009
July 8, 2010 appeal

Lee Samis

"Named Person", priority dispute

56

 ING v. State Farm

Apr. 15, 2009

Lee Samis

What constitutes "Completed Application", priority dispute

55

 Security National v. Markel

Oct. 15, 2008

Lee Samis

Production privilege

54

Wawanesa v. MVACF and Royal and SunAlliance

July 16, 2008

M. Guy Jones

Was there a valid policy of insurance in place at t

53

 ING v. Temple

May 7, 2008

Lee Samis

Loss transfer re SPF6 coverage

52

Dominion v. Lombard

November 13, 2007

Lee Samis

Did A give written notice to R within 90 days of receipt of Completed Application for Benefits?  Priority dispute

51

Motors v. State Farm

October 2007

Kenneth Bialkowski

Indemnification for DAC assessments and insurer exams, loss transfer

50

TTC v. Co-Operators

July 23, 2007

Lee Samis

Dependency

49

MVACF v. State Farm

March 30, 2007

M. Guy Jones

Stay of proceeding re whether comprehensive policy or whether it included liability and thus SABS; MVACF, priority dispute

48

Zurich v. Co-Operators

January 3, 2007

M. Guy Jones

Reimbursement for legal expenses in defending FSCO arbitration brought by injured claimant, loss transfer

47

ING v. AXA

October 31, 2006

James Chadwick, J.

WSIB, heavy commercial vehicle, Schedule 1 employee, priority dispute

46

Gore v. Co-Operators

August 28, 2006

Lee Samis

Occupancy, accident in New York, priority dispute

45

AXA v. ING

May 25, 2006

Lee Samis

"Named Insured", "Regular Use", priority dispute

44

Citadel v. Pembridge, with Costs and Interest Award dated July 4, 2006

May 25, 2006

Lee Samis

Dependency and whether person is "Spouse" within meaning of SABS

43

Economical v. Belair

May 2, 2006

Lee Samis

Notice and whether insurance company can dispute its obligations in view of notice if given or not given, priority dispute

42

Co-Operators v. ING

May 2, 2006

 Lee Samis

Dependency

41

State Farm v. Dominion and RSA

January 2006

Kenneth Bialkowski

Degree of fault under Fault Determination Rules, loss transfer

40

RSA v. State Farm

January 2006

Kenneth Bialkowski

Degree of fault under Fault Determination Rules, loss transfer

39

Certas v. CGU/Aviva

December 5, 2005

Lee Samis

What is effect of contractual arangements between Claimant's father and his insurer on the availability of SABS to the Claimant?

38

AXA v. Belair Direct

September 2005

Kenneth Bialkowski

Physical connection to vehicle insured/element of control over vehicle, priority dispute

37

Co-Operators v. Zurich/ING

May 11, 2005

Lee Samis

Dependency

36

Wawanesa v. Kingsway

April 6, 2005

M. Guy Jones

Spousal issue

35

Allstate v. Allianz

March 7, 2005

Lee Samis

Dependency

34

ING v. Non-Marine Underwriters, with Appeal (dismissed) dated June 21, 2005

 

February 23, 2005
June 21, 2005 appeal

Lee Samis

Does misrepresentation or non-disclosure defence negate loss transfer obligations?

33

Canada Life v. Progressive

December 2, 2004

Lee Samis

Limitation period for bringing claim against second party insurer, loss transfer

32

Economical v. Wawanesa

October 8, 2004

Bruce Robinson

Regular use

31

Dominion v. Wawanesa

September 17, 2004

Lee Samis

Dependency

30

CGU v. Canada Life and Liberty Mutual

February 27, 2004

M. Guy Jones

Was notice of dispute properly given?

29

Wawanesa v. Hartford

December 29, 2003

M. Guy Jones

Retroactivity of WSIB Assignment

28

State Farm v. Lloyds of London, with Supplementary Reasons dated July 10, 2002

January 16, 2002
July 10, 2002 (Supp. Reasons)

M. Guy Jones

Is State Farm entitled to proceed with arbitration? Priority dispute

27

Co-Operators v. Halifax

December 14, 2001

Lee Samis

Dependency

26

ING Halifax v. Travellers and Great-West

October 27, 2000

Bruce Robinson

Was notice of dispute properly given? Priority dispute

25

Pafco v. Economical and MFACF, with Endorsement of Gans, J. dated Aug. 28, 2001 on appeal (appeal dismissed), Supplementary Award-Interest of Jessee Glass dated Sept. 6, 2002, and Supplementary Award-Costs of Jessee Glass dated Sept. 6, 2002

October 18, 2000
August 28, 2001 endors.

Jesse Glass

Definition of "Insured Person", priority disupte

24

Dobkina v. Commercial Union

September 27, 2000

William Renahan

Assessment of Expenses and Order

23

Jevco v.State Farm

September 13, 2000

Lee Samis

Motion re production

22

Jevco v. State Farm

August 22, 2000

Lee Samis

Motion to compel non-party to examination for discovery

21

AXA v. Co-Operators, with Endorsement of Nordheimer, J. on appeal dated May 3, 2001

May 1, 2000
May 3, 2001 endors.

Jay Rudolph

Was notice of dispute properly given?

20

State Farm v. Kingsway

October 20, 1999

Lee Samis

"Regular Use", "Other Entity", priority dispute

18

Dominion v. Kingsway, with Judgment of H. Sachs, J. on appeal dated Jan. 11, 2000 (upheld)

 

August 23, 1999
Jan.11, 2000 appeal

Lee Samis

Fault Determination Rules, nature of "Loss Transfer", automobile "Involved" in accident.  Decision upheld on appeal

17

Guardian v. Wawanesa

August 5, 1999

Stephen Malach

Was notice of dispute properly given? Was one year limitation period complied with?  Priority dispute

16

Jevco v. Unifund

July 29, 1999

Jay Rudolph

Who is responsible for legal expenses of settlement? Loss transfer

15

Federation v. Liberty

May 7, 1999

Lee Samis

Dependency

14

Unifund v. Commercial Union (Endorsement on Appeal)

June 30, 1999

Ferrier, J.

"Named Insured", loss transfer

13

GAN General Insurance v. State Farm

December 30, 1998

Jay Rudolph

Loss transfer

12

Commercial Union v. Boreal Property

December 21, 1998

Philippa Samworth

What is the extent of production required between two insurers in a loss transfer matter pursuant to s. 275 of the Insurance Act?

11

Lloyds of London v. State Farm

October 13, 1998

Bruce Robinson

"Named Insured" priority dispute

10

Co-Operators v. Zurich, with Appeal of Madam Justice Speigel dated Aug. 13, 1999, including further endorsement dated Oct. 18, 1999

July 27, 1998
Aug. 13, 1999 appeal
Oct. 18, 1999 endors.

Jay Rudolph

Does death constitute a "Physical Injury"?

9

The Personal v. Security National

July 7, 1998

Lee Samis

Occupancy, "Insured Person", priority dispute

8

Dominion v. MVACF

November 10, 1997

Lee Samis

Dependency

7

Co-Operators v. Cigna

August 14, 1997

Lee Samis

"Named Insured", priority dispute

6

Dominion v. Zurich

July 16, 1997

Stephen Malach

Priority dispute

5

Allstate v. State Farm

October 30, 1996

Jay Rudolph

Priority dispute

4

Co-Operators v. Royal

August 29, 1996

Lee Samis

Occupancy, meaning of "struck", priority dispute

3

Progressive v. Zurich

January 7, 1996

Lee Samis

"Insured Person", dependency, priority dispute

2

Allstate v. Boreal

October 6, 1995

Lee Samis

"Insured Person", priority dispute

1

Allstate v. Liberty

August 29, 1995

Lee Samis

"Named Insured"

Login

Username:
Password:

Forgot your password?

Top of page