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

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

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?

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

Retroactivity of WSIB Assignment

Was there a valid policy of insurance in place at t

Priority dispute re application to Workplace Safety Insurance Appeals Tribunal

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?

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?

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

Loss Transfer re waiver and estoppel

Involves both loss Transfer and priority dispute

Laches and limitation period in a loss Transfer claim

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

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

Priority dispute re SABS benefits payable

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

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is entitled to recover from a first party insurer in a priority dispute where the claim of the first party insurer is withdrawn immediately after satisfaction by the second party insurer of the arbitrator’s initial production order, and who should pay arbitrator costs

Degree of fault under Fault Determination Rules, loss Transfer

Is State Farm entitled to proceed with arbitration?

Limitation periods in a loss Transfer dispute

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?

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

Degree of fault under Fault Determination Rules, loss Transfer

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

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

Priority dispute re dependency and the test to be applied

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

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

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

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

Impact of Excluded Driver Endorsement

Supplementary Award-Costs of Jessee Glass dated Sept. 6, 2002Definition of “Insured Person”, priority dispute

Loss Transfer – Fault Determination Rules

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

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

Priority Dispute re OPCF-47

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

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

Motion to compel non-party to examination for discovery

Who is responsible for legal expenses of settlement? Loss Transfer

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

Motion re production

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

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

Indemnification for DAC assessments and insurer exams, loss Transfer

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

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

Was notice of dispute properly given? Priority dispute

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

decision on appeal dated Apr. 5, 2012 (appeal dismissed), with /Markel_v__ING__Appeal,_April_5,_2012_.pdf 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

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

What constitutes “Completed Application”, priority dispute

Loss Transfer re SPF6 coverage

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

Appropriate timeframe for calculation of financial dependency

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

Appeal of decision re limitation period for pursuing loss Transfer claim

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

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

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

Loss Transfer – Is Gore’s purported letter of termination legally sufficient to result in a termination of Gore’s insurance obligations under the policy?

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

Occupancy, accident in New York, priority dispute

Priority dispute re dependency

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

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

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

Loss Transfer The incident should not take into account antecedent events that are not the proximate cause of the loss

Priority dispute re Workplace Safety and Insurance Act Tribunal

Assessment of Expenses and Order

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

, with /Kingsway_v__Dominion,_Jan__11,_2000__Sachs,_J__on_appeal_.pdf Fault Determination Rules, nature of “Loss Transfer”, automobile “Involved” in accident. Decision upheld on appeal

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

Dependency and whether person is “Spouse” within meaning of SABS

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

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

, with /Zurich_v__Co-Operators,_Aug__13,_1999__Madam_Justice_Speigel_.pdfDoes death constitute a “Physical Injury”?

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

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

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

Loss Transfer, recoverability, interest and costs

Was notice of dispute properly given?

Involved vehicle

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

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

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

Priority dispute re 90 day notice period

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

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

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