Adverse Costs Policy is Not Privileged or Confidential; Full Policy Ordered to be Produced (Spencer v. Martin and Hillyer)
Wednesday, November 15, 2023Isabel YooLitigationInsurance Law, Personal Injury, Adverse Costs Insurance
Advertisements for personal injury firms often use the phrase “you don’t pay unless we win”. This usually means that a law firm will bear the full cost of the file and, if successful in...
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Title insurance dispute over appraisal of "actual loss" for defects relating to municipal work order
Tuesday, June 28, 2022James R.G. CookLitigationReal Estate, Insurance Law
Residential title insurance policies are typically purchased to address potentially issues regarding title to a property. Title insurance policies may also cover...
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Failure to disclose material facts to insurer voids coverage for delivering pizza
Monday, April 26, 2021James R.G. CookLitigationInsurance Policy, Insurance Law, Automobile Insurance, Ontario Insurance Act
Failing to advise an insurance company of material facts relating to the policy may result in a loss of coverage at a time when it is needed most.
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Recent treatment of the duty to defend in Ontario courts
Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Law, Negligence, Ontario Court of Appeal, Insurance Policy, Policy, Class Action
Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for...
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Patrick Brown takes down insurance company
Wednesday, January 27, 2021Stephen A. ThieleLitigationDefamation, Funds, Insurance Law
An issue that sometimes arises in defamation actions is whether the costs of a prosecution or a defence is covered by an insurance...
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