Decisions

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Decisions Index

REGULATION 283/95 -
PRIORITY DISPUTES

• Cancellation of a Policy of Insurance
• Change of Policy to Exclude Payment of Accident Benefits- Failure to Notify Owner
• Company Receiving First Completed Application for Accident Benefits
• Completed Application for Accident Benefits - Deflection
• Cost of D.A.C.'s and I.M.E.'s and surveillance - Recoverable in Priority Disputes
• "Dependency"
• Excluding Accident Benefits From a Policy of Insurance
• Initiating Arbitration Period Within One Year
• Late Notice of Intent to Dispute
• Late Notice of Intent to Dispute - Relief from Forfeiture
• Listed Driver vs. Occupant - s. 268 (2)(1)(i) and s. 268 (2)(1)(ii) of the Insurance Act
• "Named or Deemed Named Insured"
• Principally Dependent for Care
• Private Automobile versus Company "regular use"
• "Regular use of an automobile by the corporation, unincorporated association, partnership, sole proprietorship or other entity"
• Spouse
• What Constitutes Notice to Dispute
• Withdrawal of Agreement to Accept Priority
• Worker's Compensation - Section 59

LOSS TRANSFER

• Cost of D.A.C. reports are Recoverable under Loss Transfer
• Fault Determination Rule 10 (4) - Lane Change
• Heavy Commercial Vehicle
• Heavy Commercial Vehicle Running Red Light and Hitting Left Turning Vehicle Fault Determination Rules
• Inevitable Accident
• Is There a Rolling Limitation Period?
• Jurisdiction
• Jurisdiction - Accident Out of Province
• Jurisdiction - Ordinary Rules of Law
• Limitation Period to Commence an Arbitration
• Rule 10 - Collision
• Rule 6 (2) - Shoulder is Not a Lane of the Highway
• Rule 17(2) - Vehicle "parked" vs. "stopped" - Definitions
• Second Party Insurers
• When Limitation Period Begins to Run
• When Rules Do Not Apply
• WSIB

CONFLICT OF LAWS

• Ontario and British Columbia No-Fault legislation

OTHER

• Withdrawal of Agreement to Arbitrate