Additional Insured coverage
What does it mean to be additional insured ? The law, like most things, can sometimes be ambiguous. Where some laws are straight forward and easily understood, others leave a great deal of room for interpretation. In the latter case, it is often left to the courts to interpret the law and set precedent. This has certainly been the case for Additional Insureds.
Additional Insured coverage occurs when one company engages in a business relationship with another company. Such relationships, while often beneficial, can sometime create the risk of lawsuits. An example of this would be a landlord hiring a contractor to shovel the snow from the walkways in the winter. Should a tenant of the building slip and fall on ice, that tenant could sue both the landlord and the contractor for damages.
As an Additional Insured, the contractor could request protection under the landlord’s general liability policy, but since the law has not been clear, these requests for defense have often been denied by insurance companies. The rationale being that there was a lack of clarity. The insurance company would say that contractor should have independent liability insurance of their own and, when cases like this came to court, the rulings on Additional Insureds have not been consistent.
A recent case, The Corporation of the City of Markham. v. Intact Insurance Company has done a lot to provide some clarity around Additional Insureds. In this slip-and-fall-case, the City of Markham and a contractor hired to keep the sidewalks clear of snow, both requested defense from the Intact Insurance Company. Intact took the position that Markham was not entitled to a defence and was not an additional insured for the purposes of this claim as it had failed to call out the contractor on the date of the incident. The Judge ruled that “The mere possibility that a claim falls within the policy triggers the duty to defend”, and that since the Plaintiff had alleged negligence on behalf of both the city and the contractor and that the city was a named additional insured, Intact could not opt out of defending the city. The judge further ruled that the city was entitled to appoint and instruct a counsel of its choice at Intact’s expense, as well as the past costs of defending the main action.
The court was very clear in the insurance company’s responsibility to provide a defense. Meaning that Intact Insurance would need to pay for separate counsel if the City of Markham did not believe that the one lawyer could effectively represent both parties.
Much of the confusion stems from a series of cases that were decided differently, in particular, the case of Atlific Hotels and Resorts Ltd. v. Aviva Insurance Company of Canada, 2009. At the time, a guest of the Deerhurst Resort slipped on an icy pathway and the Aviva insurance company refused to provide a defense to Deerhurst as an additional insured. The judge found that since there were different categories of negligence in this action and that only of the categories, snow and ice removal, fell within the coverage, the insurer only had to provide the contractor with a claim. However, the court ruled that Aviva had to provide the defence in part to Deerhurst, but it was appealed soon after because the parties felt the decision lacked clarity. The cases ended up being resolved before the appeal was heard and the clarity never came to be. Since the decision was not in line with previous decisions, there was confusion as to how to apply the law.
Although the Markahm v. Intact decision has shed some light on how insurance companies must interpret the additional insured’s clauses of their liability policies, we will have to wait for a new Ontario Court of Appeal decision to provide clearer instructions and guidance in this area of litigation law.
Settling Personal Injury Lawsuit Out of Court
If you have been injured in an accident and are considering a personal injury lawsuit you may be somewhat familiar with the process – accident, evidence, lawyers, court rooms, trial and compensation. But what about settlement? Most accident victims don’t consider settlement, yet the majority personal injury cases do not go to trial. Most are, in fact, settled out of court.
A settlement happens when both parties involved in the suit come to an agreement. The victim is offered compensation and the trial process can be avoided.
Knowing the ins and outs of the settlement process will help to decide if it is an option to consider. Either way, the decision always remains with the victim as to whether or not they will choose to settle. There are many reasons why it may be an option depending on the circumstances of case.
Trials are very time consuming. Appearing in court means time off work, travel expenses and hours of preparation. Some personal injury cases can take years to settle.
Trials are very unpredictable. Working with an experienced personal injury lawyer, and assessing the circumstances, evidence and witnesses, a good lawyer can usually tell how things will go in a settlement. When the case goes to trial, the outcome is in the hands of the judge and jury.
Trials are expensive and they take a long time, which means higher fees for lawyers, expert witnesses and specialists. A settlement reduces the amount of all of these expenses.
Settlement hearings are private, whereas, a trial is open and can be very stressful. Appearing in front of strangers, answering personal questions and sharing the details of your injury can be a huge strain for some.
Some may see accepting a settlement as taking the easy way out, but depending on the circumstances, it may be the best course of action. If you are considering legal action in a personal injury case, call us for a free consultation. Our personal injury lawyers will work with you to help you get the best outcome possible and maximum compensation, whether through settlement by going to court.
Accident while travelling?
Avoiding an accident while travelling is so important. Another blast of winter weather has hit the capital enticing more and more people to travel south to escape the cold and snow. A word of caution to those travelers, take a good look at your travel insurance policy. Know your own health conditions and
Each winter thousands of Canadians travel south for a little of sun and fun. Unfortunately, many of them will be injured while on vacation. Their injuries can range from minor cuts and bruises to quadriplegia and worse. Sadly, for these travelers and their families, obtaining full and fair compensation can be difficult.
As Canadians, we tend to make assumptions about health care coverage. We buy a travel insurance package and think that, like OHIP, all we have to do is present our card in case of emergency, no exceptions, no upfront costs. Unfortunately, this notion has cost Canadian travelers a lot of money and heartache. Resulting in an accident while travelling not being covered.
By definition, traveler’s insurance protects you in case of unexpected medical emergencies and related expenses that may happen while you are travelling outside of your home province or country.
Risk takers and binge drinkers beware. Traveler’s insurance may not cover accidents that happen as a result of participation in extreme activities. Skydiving, bungee jumping and cliff diving may not be covered under your policy. In addition, accidents that happen when travelers are overly intoxicated may not be covered.
Traveler’s insurance may not cover pre-existing medical conditions and pregnancy-related conditions may get limited coverage, this may include apremature delivery.
Travel insurance is not the same as liability insurance
Traveler’s insurance is not liability insurance. If you damage someone’s property while away on vacation and they sue you for damages, traveler’s insurance will not cover you. Separate policies need to be considered for liability.
Cross you Test and dot your Is because if you are found to have given false information on your insurance application, your claim can be denied.
Our Ottawa injury lawyers share what you need to know for the upcoming holiday season.
It’s that time of year again, house parties and office parties. People want to get together. It’s a wonderfully festive time. You may be attending your office party, ringing in the new year with friends or just getting together with family. Many of these types of parties often involve alcohol consumption. Here are a few things our Ottawa personal injury lawyers believe you should know:
Hosting the party: Social Host Liability
If you plan on being the host, it’s important that you take some very important precautions. It’s always best to hire a third party if possible. Hiring a catering company or bartending company, allows the host to circulate freely with their guests and not worry as much about monitoring guests alcohol levels and consumption. As a host, you may also be indulging in alcohol and if you are the one responsible for monitoring people’s intake, your judgment may be impaired. This is not safe. A bartender is trained to to recognize people who may have had too much to drink. It goes without saying that if you are hosting a party, you want your guests to have fun, while at the same time, are safe and free from injury.
Third Party: Commercial Host Liability
Commercial host liability differs from both social host (you) and employer liability (work functions). The Liquor Licence Act and its regulations have detailed statutory requirements that drinking establishments must comply with when they are serving alcohol. This is not to say that the drinking establishment that overserves will be held 100% responsible. In many cases, the courts will determine the percentage of liability.
Work parties: Employer Liability
There is an onus on employers to ensure their staff’s safety. It’s important for employers to not only provide a safe party environment but also ensure that any staff leaving their party who they believe may be intoxicated, does not drive. Employers can provide taxi chits, arrange drives etc…Employers can be held liable when their employees leave a work party intoxicated and subsequently becomes injured. As an employer, our personal injury lawyers recommend that employers provide taxi chits, host their parties at a third party location, offer non-alcoholic beverages as an option.
Our Ottawa injury team wishes you a safe and happy holiday season. Enjoy your time with friends and loved ones and please drink responsibly.
Our Ottawa injury lawyers are often asked to provide insight and advice on current issues in Ontario personal injury law. Recently, our very own Ottawa injury lawyer David Hollingsworth, was interviewed by Advocate Daily magazine and was asked to offer up some advice on setting up clear expectations and guidelines during an initial meeting with a personal injury client. Of course, this advice can be used in any type of meeting; however David focused primarily on Ontario personal injury cases.
What are Ontario Accident Benefits ?
In particular , David discusses what is to be expected when it comes to Ontario Accident Benefits. There are many myths associated with Ontario Accident Benefits and an experienced personal injury lawyer can help sift through what is important and what isn’t and what is to be believed and what isn’t. There are many different Accident Benefits available to people who have been injured in a car accident in Ontario; however not all Accident Benefits apply to each case. Depending on the nature of the accident, the extent of the injuries and the particular insurance policies, different accident benefits are available to different people.
Can I sue for…?
Another common misconception that David addresses in the article in Advocate Daily is the myth of everyone who is in an accident is entitled to sue. He goes to highlight and explain what responsibilities lie on which individuals. In other words , can the individual prove fault? If not, can they sue? Can they show that they are seriously injured? Are their injuries permanent? Any experienced Ottawa injury lawyer can answer these questions for you.
How much compensation for injuries?
Probably one of the most common misconceptions David discusses is the amount of compensation people feel they are entitled to. David believes this is a very important expectation to set out. By being honest and setting reasonable expectations with the clients at the onset, there are no surprises. Most people do not like surprises, especially when it comes to the amount of compensation they are going to be receiving.
The articles goes on to discuss other common misconceptions and serves as a reminder to us all that it’s always bes to be up front and honest . In the initial meeting, people need to be given as much information as possible and know what to expect in the months and years to come. Click on the link if you wish to read the full article in Advocate Daily.
Compensation awards for sports injuries
Is there compensation for sports injuries ?
Ottawa Injury Lawyer David Hollingsworth Featured in Lawyers Weekly Magazine
David Hollingsworth is often approached my news and media outlets to give his opinion and speak about issues related to personal injury. Recently, David was contacted by Lawyers Weekly magazine to discuss some of the very common misconceptions that take place during an initial meeting with personal injury lawyers and new clients.
In a nutshell, David believes the most common misconceptions about motor vehicle accidents are:
- Statutory Accident Benefits paperwork is not worth the hassle. NOT TRUE
- People believe that they have been injured in an accident and are entitled to sue . NOT NECESSARILY TRUE
- People believe that if they were injured and not at-fault for the accident, they will be entitled to millions of dollars in compensation. NOT NECESSARILY TRUE
- The other side will only rely on the documents that they are given. NOT TRUE
- People believe that there are no risks in starting a lawsuit. NOT TRUE
- Insurance companies will want to settle cases quickly and out of court. NOT NECESSARILY TRUE
- People believe that they should be able to reach their lawyer any time they want. NOT NECESSARILY TRUE
What personal injury clients need to know…
The full article in Lawyers Weekly can be viewed online. David explains what he has observed over the years as an Ottawa personal injury lawyer . He offers his ideas on what he feels is most important for lawyers to explain to personal injury clients to ensure the success of the case, open lines of communication, realistic expectations and harmonious relationships all around. Each personal injury case is unique and each outcome is unique. David and his team all share the same philosophy when it comes to personal injury cases and how best to help their clients. The main goal is always to help clients and their families get their lived back on track as best as possible. This is probably the most challenging part of every case. Many health professionals need to be involved to ensure that clients are being well cared for and a realistic rehabilitation plan is in place. Once a very solids plan is in place, then the focus is to ensure that the maximum amount of compensation will be rewarded to clients. This is critical. “Most of our personal injury clients have injuries that will continue affecting them for years to come” . These types of injuries require substantial compensation and it’s important our clients don’t need to worry about running out of money in the years to come . Clients need to focus on recovery. That is their job .
Assault in Recreational Sports
Personal Injury and Sports
Who is responsible for sports injuries?
Liability and compensation in sports injuries.
What can our Ottawa personal injury lawyers do for you ?
Fair question . We receive calls from clients who are about to settle their insurance claim with their adjuster and simply want to know should they ? It’s tough for our injury lawyers to answer this question without reviewing the file. Typically, when we receive a call of this nature, we set up a meeting (no charge) and look through the facts of the case. It’s important that everything be reviewing in case there have been areas of a personal injury file that were not discovered or covered by the insurance company. Almost every time, sure enough, our Ottawa injury lawyers are able to find many expenses that should have been covered or aspects of an accident benefits policy that were not being utilized . That’s not to say that the insurance company was deliberately hiding such coverage, it’s just that often times unless the person injured knows to ask for all the right benefits and coverages, some simply do not come up.
Ottawa injury lawyers analyze your case. Are you getting maximum compensation for your injuries ?
Our personal injury lawyers can analyze your case and in some cases discover that the insurance claim is in fact double or triple what the insurance company is looking to settle for. Thankfully, as long as you have not signed off on the settlement offer, there may still be time to recoup these amounts with the assistance of a personal injury lawyer. This absolutely makes it worth while to consult with an experienced personal injury lawyer. All it will cost you is time; probably close to an hour for this initial consultation. Our Ottawa personal injury lawyers make it even easier and will come to you.
If we think your case is worth more, we will advise you not to settle and we can step in to represent you and prepare a claim for you. It may delay the settlement; however this delay is in our opinion worth it as typically the settlement amount is significantly higher. Not to mention, you will be receiving benefits and treatments you may not have been receiving before our personal injury lawyers stepped in. This will hopefully speed up your recovery process.
This is a personal injury lawyer’s job…
You owe it to yourself to consult with one of our experienced personal injury lawyers. It’s our job to ensure that our personal injury clients are receiving the best possible treatments, as well maximum compensation. Our Ottawa personal injury lawyers understand what you are going through. An accident can change in your life and your family’s life in many ways you never thought possible. Let us help.
How important is the job of an Ottawa personal injury lawyer ?
Our Ottawa personal injury lawyers are proud of how we help others. We know how important our job is . We help change lives for the better. When we meet with someone, we listen and we put a plan in place. No two plans seem to be identical, as each individual and accident is somewhat unique. What’s important is that we tailor a plan specific for what our clients need. In most cases, the very first thing needed is support. Usually this involves us setting our clients up with a team of specialists who can diagnose needs and provide our personal injury clients with much-needed support. We work closely with top specialists such as psychiatrists, physicians, social workers, surgeons, physiatrists, physiotherapists, psychologists, therapists and rehabilitation teams. Our Ottawa personal injury lawyers ensure that we are helping in every way we can. What’s most important is our clients’ recovery and ensuring that moving forward they are properly compensated for their injuries.
We are more than just lawyers
Our Ottawa personal injury lawyers are more than just lawyers. We understand the tough times our clients are facing and we strive to ease the pain and financial burden as much as possible. Our clients treat as like family. Throughout a typical personal injury lawsuit, people get to know their lawyers very well, as there are many meetings, texts, emails and phone calls. These relationships are important to us and always help us determine what is best for our clients. When you are injured, it is important that you have a strong advocate. We advocate for our clients, well beyond a personal injury case.
Listen to what our clients say about our Ottawa personal injury lawyers
Here are some of the things we’ve heard lately from our personal injury clients:
“I would like to say thank you ! You have an incredible team of professionals working along your side who provided help, support and advise when I needed it the most”. CC
” Thanks again ! Your support is greatly appreciated…..We had a great talk which was very helpful and I think I have you to thank ….They’ve been unbelievably caring and kind” RL
” Thank you very much for advocating on my behalf…I have come to appreciate the amazing work you and your colleagues do to help people during a very vulnerable time in their lives”. GC
We’ve helped them and our Ottawa personal injury lawyers can help you and your family. Contact us for a free consultation.