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Assuming that the driver of an insured vehicle has breached the statutory condition in the policy regarding her authorization or qualification to drive the insured vehicle, was counsel for an injured driver correct in accepting the position of the insurer of the other driver's insurer that the limit under its policy was reduced to the statutorily dictated limit, in light of the driver's breach, and in light of the vehicle owner's breach in permitting the driver to operate the vehicle while aware that the driver was in breach of her license and the policy?
Can a motor vehicle Insurer deny coverage to an Insured on the basis that the Insured was driving the vehicle while impaired when an accident occurred?
Can an injury resulting from a fall from a ladder in the course of repairing a motor vehicle be characterized as a “loss or damage from bodily injury or death arising from the use or operation of a vehicle”?
Can an injury that occurs as a result of road rage be covered by the insurer as arising from an “accident” as defined in the Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996 under Bills 59 and 198?
Can falling from a ladder while servicing or repairing a vehicle on a customer's premises be characterized as a “loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile”?
Did the owner of the policy insuring the other vehicle involved in the accident breach statutory condition 4(1) in the Ontario Insurance Act and standard automobile policy when permitting a child who held a learner's license to drive the vehicle without with a licensed driver with 4 years' experience sitting in the seat next to her?
Does an incident involving an inoperable motor vehicle and an operable motor vehicle qualify as an “accident” as defined by s. 2 in Ontario's 1996 Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996?
How do the amendments in the British Columbia Insurance (Vehicle) Act compare to those provisions in Ontario with respect to the vicarious liability of lessors for the acts of a vehicle lessee?
How does the court determine whether an insured was “involved in the incident” within the meaning of section 268(2) of the Insurance Act (Ontario)?
How does the recent jurisprudence in Alberta and from the Supreme Court of Canada define an “accident”, particularly in relation to the element of causation?
How has “use and operation” of a motor vehicle been interpreted for the purposes of the Insurance Act?
How have courts and arbitrators considered the definition of “accident” in the Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996 (“SABS”) in situations where a driver has exited his or her vehicle and then slipped and fallen?
How have relatively recent Supreme Court of Canada and Ontario Court of Appeal decisions interpreted the definition of “accident”, and in particular, the element of causation, regarding Ontario's Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996 under Bills 59 and Bill 198?
How have the exclusionary clauses “resulting from,” “sustained,” and “while” in insurance policies been interpreted judicially?
If an insured has breached the statutory condition of the policy respecting permitting an unauthorized driver to drive her automobile, is relief from forfeiture nonetheless available?
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Disclosure of risk
Underinsured motorist endorsement
Uninsured automobile coverage