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Ontario Insurance Law & Commentary, 2019 Edition

This concise guide to insurance law in Ontario is designed for insurance law practitioners, in-house counsel, insurance companies and professionals.
Publication Language: English
In Stock
ISBN/ISSN: 9780433499213

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“I can’t imagine someone, who has anything to do with Ontario insurance law (or, indeed, insurance law in Canada for that matter, particularly the common law provinces, but also Quebec where I understand some of the common law decisions have some application), not having Ontario Insurance Law & Commentary at their fingertips.”

– Randy Maniloff, Coverage Opinions, Vol. 7, Issue 9, December 19, 2018

This concise guide to insurance law in Ontario is designed for insurance law practitioners, in-house counsel, insurance companies and professionals. The commentary, prepared by Michael S. Teitelbaum of Hughes Amys LLP, provides an overview of the principles and key issues in liability, property and life insurance plus an annotated review of selected key provisions of the Insurance Act. Other features include the full text of the Act and related legislation.

“The book provides a perspective and analysis of issues that goes miles beyond simply a description of what the court said….It’s also interesting to see the similarities and differences between Ontario/Canadian law and U.S. insurance law.” – Randy Maniloff

This annually updated desktop reference includes these unique features:

  • Expert overview commentary on key elements in the practice of liability, property and life insurance – gives you a better grasp of common issues in daily practice
  • Expert review of key provisions of the Ontario Insurance Act – assists you in the proper interpretation of the key provisions
  • Expert insights on recent developments and practice issues – keeps you up-to-date and informed
  • Full text of the Insurance Act and key Regulations, and related legislation – provides ready access to the most current legislation
  • Full text of pertinent Superintendent's Guidelines – keeps you on guard for operational protocols

Highlights of the 2019 Edition

  • Amendments to Insurance Act up to the latest amendments from S.O. 2017, c. 34, Sch. 21. Highlights of the amendments include:
    • FSCO given rule-making authority over certain matters 
    • A new s. 129.1 providing for an exception for innocent co-insureds to the exclusion of coverage for loss or damage to property caused by a criminal or intentional act or omission of an insured, and accompanying Regulation 264/18 that sets out the requirements an innocent co-insured must comply with
      in order to rely on this exception
    • Sections 410 and 411 providing for Superintendent’s authority to make an order with respect to certain matters, in particular an insurer to apply for approval of the risk classification system and rates
  • Amendments to Corporations Act up to amendments from 2017, c. 34, Sched. 10
  • Amendments to Financial Services Commission of Ontario Act, 1997, up to amendments from 2017, c. 34, Sched. 46, s. 16
  • 2018 Updated FSCO Superintendent’s Guideline No. 08/04, Minimum Capital Test Guideline for Property and Casualty Insurance Companies
  • Discussion of recent key decisions including:
    • The first Canadian court decision on cyber-related insurance coverage, Brick Warehouse LP v. Chubb Insurance Co. of Canada, ABQB 413 (Q.B.)
    • Oliveira v. Aviva Canada Inc., 2018 ONCA 321 (C.A.), regarding an insurer’s duty to defend the privacy tort claim of intrusion upon seclusion; and
    • Aviva Insurance Company v. Intact Insurance Company, 2018 ONSC 238 (Sup. Ct.), which found an insurer’s liability coverage was complementary and not overlapping, so that  the insurer provided primary and not excess coverage, and was obliged to contribute to the costs of defence and settlement
    • Usanovic v. Penncorp Life Insurance Company (La Capitale Financial Security Insurance Company), 2017 ONCA 395 (C.A.), upholding a motion judge's dismissal of an LTD benefits action as limitation-barred on the grounds that the insurer did not breach its duty of good faith by failing to inform the insured of the limitation period when it terminated his benefits as there was no statutory obligation to do so in Ontario; and
    • Brookfield Johnson Controls Canada LP v. Continental Casualty Company, 2017 ONSC 5978 (Sup. Ct.),  which held that the insurer did not have to defend the applicant, an additional insured, under a CGL policy because "the claims made against it are not, in substance, claims arising solely out of the operations of" the named insured

Who Should Buy

  • Insurance law practitioners including private, government, corporate and in-house counsel – who want to stay abreast of recent developments and practice issues
  • Insurance companies including insurance brokers, adjusters and risk managers – who need to interpret and explain insurance policies
  • Insurance professionals' institutes – who need to be a resource for members on current practice issues
  • Large business corporations – who need an authoritative overview of the legislative framework and ready access to the legislation
  • Academic institutions – who want to add a practitioner's discussion of insurance law to their resources

Featured authors

Table of contents

Commentary – Encapsulating, Annotating and Updating the Law of Insurance

Insurance Act
         Insurance Act Regulations
        Superintendent's Guideline No. 08/04 –
        Minimum Capital Test Guideline for Property and Casualty Insurance Companies

Corporations Act

Financial Services Commission of Ontario Act, 1997
         Financial Services Commission of Ontario Act, 1997 Regulations

Registered Insurance Brokers Act
         Registered Insurance Brokers Act Regulations