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Title: SBA Lawyers LLP | Insurance Lawyers

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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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Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while cycling in February 2020 and suffered injuries, including a traumatic brain injury.


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The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.


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