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TD General Insurance Company v. Duff-Foley (Estate) (2023 ONSC 2400)

  • April 18, 2023

The insurer appealed the Tribunal’s decision that the settlement between the insurer was valid and enforceable. The claimant died 10 days after settling her tort and AB claims for $957,000, with 60 percent to be structured. The 60 percent was returned to the insurer based on the reversion; however, the claimant’s estate took the position it was entitled to keep the 40 percent. The insurer disagreed, and argued that there was no valid settlement because the claimant died prior to agreement on the structure percentage. The Court dismissed the appeal, holding that the Tribunal applied the correct legal test. Further, the Court wrote that the claimant’s lawyer had authority to negotiate the settlement, and the executor of the estate could execute the agreement by signing the necessary documents.

Full decision here

TGP Analysis

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  • FILED UNDER Settlement, Divisional Court
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