Automobile insurance

Insurance law - Automobile insurance - Catastrophic injury - impairment, definition - Apportionment - Benefits - Damages - Combination of impairments - Statutory provisions - Apportionment and contribution of claims - Discretion of court
On an application by the automobile Insurer, the Court made a determination prior to trial that a particular method of determining "catastrophic impairment" for the purpose of payment of accident benefits was acceptable.

Insurance law - Automobile insurance - Benefits - Ownership, use or operation of motor vehicle - Exclusions - Duty to defend - Causation
An automobile Insurer was successful on appeal in obtaining a declaration that it did not have any duty to defend the deceased Insured's estate or to provide indemnity with respect to a claim brought against the Insured's estate as a result of a shooting death.

General Liability Insurance

Insurance law - Liability insurance - Motor vehicle accidents - Multiple policies - Apportionment and contribution - Policies and insurance contracts - Notice - Limitation of actions - Rights and duties of insurer; Mediation - Statutory provisions
The court upheld an arbitrator's decision finding that the First Insurer was not entitled to any extension of the 90-day period within which it was required to notify other insurers of any dispute over priority for payment of accident benefits to an injured cyclist.

Practice

Insurance law - Practice - Rules of court - Builder's risk policy - Interpretation of policy - Coverage - Settlement of action - Third parties - Costs
Unsuccessful application by an Insured for the determination prior to trial of an issue, namely whether the Insured's settlement contribution toward the consequential loss suffered by a third party was covered by the policy of insurance.

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