State Farm Mutual Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2014 ONSC 3887 -On November 8, 2007, there was a multi-vehicle accident at the intersection of Mavis Road and Eglinton Avenue in Mississauga. -Bradley Flewelling was the driver of a truck owned by Pepsi Bottling Company and insured by Old Republic Insurance. … Read More
Camarata, Personally and as Executor and Trustee of the Estate of Camarata, Deceased, et al. v. Morgan et al. (Court of Appeal for Ontario, Doherty, Weiler and MacFarland JJ.A. January 19, 2009) – The deceased sustained serious injuries when he was struck by a fire truck, and died several months later. -The deceased’s estate commenced … Read More
-Under section 26(1) of the the said Regulation, an insurance company shall pay a death benefit. -Under s. 27(1) an insurance company shall pay a funeral benefit for the insured who dies as a result of the accident. However, the time limits and monetary restrictions apply. -S. 43(1) states that if a claimant is entitled to a death benefit and a funeral benefit, the insurance … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
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