What happens when a Certificate of Automobile Insurance specifies that the policy includes coverages under certain endorsements, when those endorsements never make it onto the policy? The Certificate and OPCF Endorsements Ontario’s standard automobile policy (OAP1) offers a number of forms and endorsements that FSCO approves. One such form is the Certificate of Insurance, which […]
Who am I? The Case of the Named Insured and the Owner
What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? In Ontario (Minister of Finance) v. Traders General Insurance Co. (c.o.b. Aviva Traders), an individual was seriously injured as a passenger in a Hyundai motor vehicle owed by […]
What to do and when?
It’s a Friday afternoon before a long weekend, of course, and you’ve just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and the claimant alleges that she was in your insured’s vehicle at the time of the accident. Not surprisingly, you have no record of her under […]
SABS Priority Disputes 101: Reflection on Deflection
In our first article in the Priority Dispute Series, I provided an overview of Ontario’s accident benefit priority dispute scheme and the process necessary to pursue and dispute priority. To recap: The priority pecking order is found in subsections 268 (2) to (5.2) of the Insurance Act. All priority disputes are resolved in accordance with a Regulation named Disputes […]