What is the duty of an insurer to investigate and exercise caution in evaluating the circumstances?

Ontario, Canada


The following excerpt is from Blake v. Dominion of Canada General Insurance Co., 2013 ONSC 6069 (CanLII):

So what are the elements of this duty? An insurer is entitled to “thoroughly investigate a claim and exercise caution in evaluating the circumstances. The insurer is not bound by the initial findings of its investigators.” Further inquiries can be pursued (Whiten v. Pilot, para. 102).

Other Questions


Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
If an insurance policy question is ambiguous and open to multiple interpretations and leads an applicant for insurance coverage to provide incorrect information, must the answer be resolved as against the insurer? (Ontario, Canada)
In what circumstances will an insurer be able to obtain judgment on a plaintiff's assets as the insured company is going bankrupt? (Ontario, Canada)
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy? (Ontario, Canada)
Is an insurer's obligation to pay insurance monies to an insured a debt that can be garnished? (Ontario, Canada)
What is the current state of the insurance industry's position on the insurance market when it comes to insurance coverage? (Ontario, Canada)
In what circumstances will professional investigators or evaluators interview a child who has been accused of sexual assault? (Ontario, Canada)
In what circumstances will the tortfeasor’s insurer and the underinsurance insurer split the costs of the action? (Ontario, Canada)
Can an insured participate in an examination under oath at the request of their insurer? (Ontario, Canada)
What is the test for determining if there are conditions for variation in circumstances where a change in circumstances is material rather than insignificant? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.