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Binder Insurance Editorial
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Published work by Binder Insurance Editorial
Binder Insurance · Oct 15, 2026Client consent didn't let an insurance broker hand the job to an unlicensed referrer
RIBO reprimanded an Ontario broker for allowing an unlicensed referral source to handle client work, including an application signing. The panel said the broker remained responsible even where the client agreed to the arrangement.
Binder Insurance · Oct 15, 2026Broker reprimanded after urgent nonrenewal notice sat in the system
An Ontario broker was reprimanded and fined $1,500 after a rental property owner's insurance expired without timely warning. The disciplinary panel said a letter wasn't enough when immediate contact was possible.
Binder Insurance · Oct 15, 2026Insurer didn't have to explain every appeal route in accident benefits refusal
Ontario's Divisional Court upheld a refusal notice that explained how and when to challenge accident benefits at the LAT. The notice didn't have to list every later appeal or spell out the law of discoverability.
Binder Insurance · Oct 15, 2026Late accident benefits paperwork defeats an Ontario claim
The Ontario Licence Appeal Tribunal barred a pedestrian’s accident benefits application after a lengthy delay. The insurer had provided the forms and followed up, while the claimant offered no medical evidence explaining why he couldn’t comply.
Binder Insurance · Oct 15, 2026Why persistent symptoms did not take an Ontario accident benefits claim outside the MIG
A January tribunal ruling illustrates the evidentiary burden of leaving Ontario’s minor injury treatment framework.
Binder Insurance · Oct 15, 2026BC court awards $645,934 in motor vehicle injury damages
A BC court assessed almost $646,000 in damages after a lengthy collision injury trial. The decision deals with expert evidence, earning capacity and future care, not an insurer's entitlement to deny coverage.
Binder Insurance · Oct 15, 2026Ontario insurance regulator clarifies optional benefits for fleets
FSRA's October 14 update addresses fleet policies, rideshare coverage reductions and who may receive optional accident benefits.
Binder Insurance · Oct 13, 2026BC court dismisses truck fire lawsuit after evidence was destroyed
A BC manufacturer liability action arising from a truck fire was dismissed because the truck and key maintenance records had been destroyed, creating a substantial risk that a fair trial was no longer possible. The court did not find spoliation because it couldn't infer that the evidence was destroyed to affect the litigation.
Binder Insurance · Oct 13, 2026An Insurer's Capital Cushion Is About More Than Its Claims
OSFI's 2026 Minimum Capital Test keeps the focus on whether a property and casualty insurer can absorb several kinds of risk together, not simply pay today's losses.
Binder Insurance · Oct 11, 2026The Insurance Appraisal Was Contested, but the Court Didn't Restart the Claim
A new BC decision separates an insurance valuation dispute from the narrower question of whether its statutory appraisal process was unfair or patently unreasonable.
Binder Insurance · Oct 11, 2026Your Home Insurance Deserves a Call Before the Renovation Starts
A major renovation can change a home's value, occupancy and risk before the work is finished. Canadian homeowners should confirm who insures the property, the project and the people doing the work.
Binder Insurance · Oct 11, 2026Insurance dispute turns on leave to intervene as a friend of the court should be granted
The dispute turns on whether leave to intervene as a friend of the court should be granted.
Binder Insurance · Oct 11, 2026Application dismissed in dispute over corrected spine and upper extremity ratings reach 55% wpi
The dispute turns on whether corrected spine and upper extremity ratings reach 55% wpi. The application was dismissed.
Binder Insurance · Oct 11, 2026Appeal succeeds in dispute over an intracranial brain contusion is a “minor injury” under s. 3(1) of the sabs
The dispute turns on whether an intracranial brain contusion is a “minor injury” under s. 3(1) of the sabs. The appeal was allowed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the claimant principally dependent for care on his sister at the material time?
The dispute turns on was the claimant principally dependent for care on his sister at the material time?.
Binder Insurance · Oct 11, 2026Application dismissed in dispute over rejection of accident related sleep impairment and a 9% whole person impairment was unreasonable
The dispute turns on whether rejection of accident related sleep impairment and a 9% whole person impairment was unreasonable. The application was dismissed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over “any other object” include an occupant inside the bus?
The dispute turns on does “any other object” include an occupant inside the bus?. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the interests of justice warrant extending time to appeal
The dispute turns on whether the interests of justice warrant extending time to appeal.
Binder Insurance · Oct 11, 2026Insurance dispute turns on insurer must fund modifications to the daughter’s home to accommodate the insured
The dispute turns on whether insurer must fund modifications to the daughter’s home to accommodate the insured.
Binder Insurance · Oct 11, 2026Appeal succeeds in dispute over entitlement proceedings should yield to pending priority arbitration on dependency
The dispute turns on whether entitlement proceedings should yield to pending priority arbitration on dependency. The appeal was allowed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over insurer had to repeat mig notice for later treatment plans under the sabs
The dispute turns on whether insurer had to repeat mig notice for later treatment plans under the sabs. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Appeal succeeds in dispute over the applicant “employed” at the time under sabs s. 5(1)?
The dispute turns on was the applicant “employed” at the time under sabs s. 5(1)?. The appeal was allowed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the lat err in law in dependency analysis under miller and state farm v. bunyan and allstate v. ing
The dispute turns on did the lat err in law in dependency analysis under miller and state farm v. bunyan and allstate v. ing.
Binder Insurance · Oct 11, 2026Application dismissed in dispute over the lat apply the correct criterion 8 legal test for marked impairment in adl and cpp?
The dispute turns on did the lat apply the correct criterion 8 legal test for marked impairment in adl and cpp?. The application was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the lat could issue a second reconsideration decision while appeal and judicial review were pending
The dispute turns on whether the lat could issue a second reconsideration decision while appeal and judicial review were pending.
Binder Insurance · Oct 11, 2026Appeal succeeds in dispute over applicant should be rated level 5 or level 6 for inability to work or only sheltered or non competitive work
The dispute turns on whether applicant should be rated level 5 or level 6 for inability to work or only sheltered or non competitive work. The appeal was allowed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over failure to address shaver amounts to an error of law
The dispute turns on whether failure to address shaver amounts to an error of law. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over lat erred in law regarding irbs cessation and medical benefits limit
The dispute turns on whether lat erred in law regarding irbs cessation and medical benefits limit. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over notice must include reconsideration, appeal and judicial review steps with timelines and court contacts
The dispute turns on whether notice must include reconsideration, appeal and judicial review steps with timelines and court contacts. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on statutory accident benefits
The dispute concerns statutory accident benefits.
Binder Insurance · Oct 11, 2026Court dismisses appeal over the price of 12 massage therapy sessions
In TD General Insurance Company v. Mitchell, the Ontario Superior Court dismissed an appeal challenging the tribunal’s conclusions about rates for 12 massage therapy sessions. The dispute concerned accident benefits treatment expenses.
Binder Insurance · Oct 11, 2026Action dismissed in dispute over the policy provides coverage for the loss
The dispute turns on whether the policy provides coverage for the loss. The action was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on exclusion (b) bar negligence claims not based on supervising the assailant?
The dispute turns on does exclusion (b) bar negligence claims not based on supervising the assailant?.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the moving party showed a serious issue to be tried and a strong prima facie case
The dispute turns on whether the moving party showed a serious issue to be tried and a strong prima facie case.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the plaintiff totally disabled on or before termination date such that coverage applies?
The dispute turns on was the plaintiff totally disabled on or before termination date such that coverage applies?.
Binder Insurance · Oct 11, 2026Insurance dispute turns on coverage is confined to the mortgagee named in the policy
The dispute turns on whether coverage is confined to the mortgagee named in the policy.
Binder Insurance · Oct 11, 2026Appeal succeeds in dispute over late 90 day notice barred the priority dispute given covid suspension
The dispute turns on whether late 90 day notice barred the priority dispute given covid suspension. The appeal was allowed.
Binder Insurance · Oct 11, 2026Action dismissed in dispute over adjournment warranted where counsel could not access secure portal
The dispute turns on whether adjournment warranted where counsel could not access secure portal. The action was dismissed.
Binder Insurance · Oct 11, 2026Claim dismissed in dispute over insurer must inform insured of one year limitation period
The dispute turns on whether insurer must inform insured of one year limitation period. The claim was dismissed.
Binder Insurance · Oct 11, 2026Application succeeds in dispute over the fund recover pre arbitration expenses in court when another insurer accepts priority?
The dispute turns on may the fund recover pre arbitration expenses in court when another insurer accepts priority?. The application succeeded.
Binder Insurance · Oct 11, 2026Insurance dispute turns on settlement is reasonable and in the best interest of the applicant
The dispute turns on whether settlement is reasonable and in the best interest of the applicant.
Binder Insurance · Oct 11, 2026Insurance dispute turns on there is corroborated proof of a binding promise by the beneficiary to share segregated fund proceeds
The dispute turns on whether there is corroborated proof of a binding promise by the beneficiary to share segregated fund proceeds.
Binder Insurance · Oct 11, 2026Insurance dispute turns on insurer lost right to elect by failing to give written notice within seven days of proof of loss
The dispute turns on whether insurer lost right to elect by failing to give written notice within seven days of proof of loss.
Binder Insurance · Oct 11, 2026Action dismissed in dispute over coverage available despite breach of s. 4(1) and failure to cooperate under s. 5(3)
The dispute turns on whether coverage available despite breach of s. 4(1) and failure to cooperate under s. 5(3). The action was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on insurer’s singular focus on a return to work program to the same position accorded with the policy’s “own occupation” pr
The dispute turns on whether insurer’s singular focus on a return to work program to the same position accorded with the policy’s “own occupation” provisions.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over the claimant was a deemed named insured under s. 3(7)(f)(i), o. reg. 34/10
The dispute turns on whether the claimant was a deemed named insured under s. 3(7)(f)(i), o. reg. 34/10. The appeal was dismissed.
Binder Insurance · Oct 11, 2026Application dismissed in dispute over the license appeal tribunal have exclusive jurisdiction over statutory accident benefits disputes, barring a superior co
The dispute turns on does the license appeal tribunal have exclusive jurisdiction over statutory accident benefits disputes, barring a superior court production order?. The application was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on the court compel appraisal under s. 128 of the insurance act?
The dispute turns on should the court compel appraisal under s. 128 of the insurance act?.
Binder Insurance · Oct 11, 2026Insurance dispute turns on settlement of past and future sabs is reasonable and in the applicant’s best interests
The dispute turns on whether settlement of past and future sabs is reasonable and in the applicant’s best interests.
Binder Insurance · Oct 11, 2026Insurance dispute turns on insurer has obligation to indemnify for fire loss
The dispute turns on whether insurer has obligation to indemnify for fire loss.
Binder Insurance · Oct 11, 2026Insurance dispute turns on “went hunting” and setting up tents allege “hunting” within coverage
The dispute turns on does “went hunting” and setting up tents allege “hunting” within coverage.
Binder Insurance · Oct 11, 2026Claim dismissed in dispute over opcf 28a apply to “other automobiles”?
The dispute turns on does opcf 28a apply to “other automobiles”?. The claim was dismissed.
Binder Insurance · Oct 11, 2026Appeal dismissed in dispute over incident involved a collision with any other object under insurance act, s. 268(1.1)
The dispute turns on whether incident involved a collision with any other object under insurance act, s. 268(1.1). The appeal was dismissed.
Binder Insurance · Oct 11, 2026Insurance dispute turns on jurisdiction simpliciter is a procedural order within an associate judge’s authority
The dispute turns on whether jurisdiction simpliciter is a procedural order within an associate judge’s authority.
Binder Insurance · Oct 11, 2026Insurance dispute turns on title insurer owes duty to defend under lso agreement
The dispute turns on whether title insurer owes duty to defend under lso agreement.
Binder Insurance · Oct 11, 2026Ontario court limits insurer exposure after undisclosed Corvette modifications
In Aviva Insurance Company of Canada v. Cahill, Litigation Administrator, 2026 ONSC 4975, Ontario Superior Court granted the insurer's application after substantial performance changes to a Corvette were not disclosed following renewal. The court found a material change in risk that did not require proof the modifications caused the crash. Aviva had no duty to defend four civil actions, and its exposure was limited to the $200,000 statutory minimum.
Binder Insurance · Oct 11, 2026Insurance dispute turns on life insurance policies
The dispute concerns life insurance policies.
Binder Insurance · Oct 11, 2026Claim dismissed in dispute over replacement cost payable immediately without proof of rebuilding
The dispute turns on whether replacement cost payable immediately without proof of rebuilding. The claim was dismissed.
Binder Insurance · Oct 11, 2026Zurich wins dismissal of overlapping insurance application
An Ontario court dismissed an application brought by Legacy Hospitality Exeter against Zurich after considering its overlap with an existing action. The decision addresses duplication of proceedings, not the ultimate merits of the coverage dispute.
Binder Insurance · Oct 11, 2026Ontario broker fined $1,500 after late warning of policy non-renewal
In Ryan David Myers, 2025 CanLII 147382 (ON RIBODC), Ontario's insurance broker regulator reprimanded a broker and fined him $1,500 after a non-renewal notice received by his brokerage wasn't scanned into its system for more than a month. The broker then mailed a warning that arrived after coverage expired, rather than promptly calling or emailing the client. The panel accepted his guilty plea for failing to provide conscientious, diligent service, although it found no evidence of a loss during the uninsured period.