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14 Nov 2011, 4:19 am by Shaun Marker
Section 627.7015(9) lists the exceptions: (9) For purposes of this section, the term “claim” refers to any dispute between an insurer and an insured relating to a material issue of fact other than a dispute: (a) With respect to which the insurer has a reasonable basis to suspect fraud; (b) Where, based on agreed-upon facts as to the cause of loss, there is no coverage under the policy; (c) With respect to which the insurer has a… [read post]
13 Oct 2011, 6:44 am by Stanley D. Baum
The Plan provides that monthly LTD benefits can be reduced by "other income," defined by the Plan as any amount of disability or retirement benefits under (a) the United States Social Security Act (the "SSA"), (b) the Railroad Retirement Act (the "RRA"), or (c) any other similar act or law provided in any jurisdiction. [read post]
26 Apr 2017, 4:00 am by Administrator
Soczek v Allstate Insurance Co., 2017 ONSC 2262 [2] The Defendant, Allstate Insurance Company of Canada (“Allstate”), brings a motion under Rule 20 of the Rules of Civil Procedure for summary judgment. [read post]
5 Jul 2012, 12:31 pm by Steven Boutwell
Coverage provided under this endorsement applies only if the original discharge, release, or escape of “pollutants” from a contained source: (2) (a) Commences during the policy period; (b) Is caused, either directly or indirectly, by a Named Peril; and (c) Begins and ends completely within 7 days; provided we are notified in writing within 30 days of the commencement of the discharge, release or escape of “pollutants” from a contained state, regardless… [read post]
4 Aug 2013, 6:35 am by Mark S. Humphreys
To recover a penalty under the statute act, an insured must establish that: a) the insured had a claim under an insurance policy; b) the insurance company is liable for the claim; and c) the insurance company has failed to comply with a requirement of the Act. [read post]
7 Mar 2020, 8:24 am by Jeffrey P. Gale, P.A.
The primary battleground in the fight for non-economic damages is part (b), which involves more subjectivity than parts (a), (c), and (d). [read post]