Duty
Continued From Page 13
analogous to the automobile con-
text involving a defendant’s lia-
bility carrier at the primary level
and the plaintiff’s underinsured
carrier at the excess level. A num-
ber of important decisions have
suggested that an excess carrier’s
greater exposure is “counter-
balanced” with the primary car-
rier’s first-in-line status (see,
Broadhurst & Ball v. American
Home Assurance Co., [1990] O.J.
No. 2317 (Ont. C.A.); St. Mary’s
Cement Co. v. ACE INA Insurance
[2008] O.J. No. 2622 (Ont.
S.C.J.); American Home Assur-
ance Co. v. Temple Insurance Co.
[2009] O. J. No. 249).
Eric Adams is a lawyer with
Dutton Brock in Toronto. He
practises civil litigation with
emphasis on insurance coverage
disputes and insurance funded
defence and subrogation.
“[T]here is a potential
for prejudice to the
insured in permitting
the insurer to stop
defending a claim
after paying its policy
limits to the plaintiff.
An oddity in
Personal Injury
Law Lawddities
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Pioneers
Lawddities
Legal Oddities in (Blank) Law
The team at McKellar Structured Settlements represents a company
The $100,000 stick
of chewing gum
of vigilantly different-thinking individuals, who were never content
to think inside the box.
The gum that advertises itself
as “ridiculously long lasting” is
facing a claim that alleges it is far
from denture-friendly.
An Edmonton woman has
sued the makers of Stride gum
after a bad gum-chewing experience. Elsie Pawlow filed a statement of claim in September,
alleging that “over a period of five
minutes the gum falls apart into
little pieces and sticks to the dentures.,” according to the Toronto-Sun.com. After chewing a piece
of gum, Pawlow alleges in her
$100,000 claim that she had to
“dig out” pieces from her dentures which resulted in a 10
minute period of depression.
Maybe mints would have been
a safer choice. — Matthew Grace
Lawddities
Lawddities
(final)
Frank McKellar was the pioneer of Structured Settlements in Canada. Today, the McKellar team at the helm of
the most trusted firm in the industry continues to chart the course for a successful future for many years to come.
Discover how the leaders in Structured Settlements can help make life easier for you and your clients today.
McKellar. Leaders Above All
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