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Title: SBA Lawyers LLP | Insurance Lawyers

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When can an insurer properly place the Motor Vehicle Accident Claims Fund (the “Fund”) on notice in a priority dispute?

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This Supreme Court case has it all: guaranteed rebuilding cost, compliance cost exclusion, nullification, contract interpretation — find out what every insurer must know before the next total loss claim.

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A recent LAT decision reaffirms the insurer’s obligation to provide timely benefits despite concerns over priority. Where claimants satisfy the low threshold of establishing a nexus with an insurer, that insurer must commence adjusting the claim and dispute priority later.

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In Smitten Baby Products Inc. v. FirstOnSite Restoration Ltd., 2025 ONSC 4281 (CanLII), the Ontario Superior Court dismissed a negligence claim against an insurance investigator retained by an insurer, holding it was “plain and obvious” that the investigator owed no duty of care to the insured for alleged delays in claim payment.

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