Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards

09. March 2021 0
Insurance law – Automobile insurance – Fraud – Benefits – Actions – Intentional torts – Practice – Summary judgments – Damages – Punitive damages Traders General Insurance Co. v. Kayes, [2020] O.J. No. 4261, 2020 ONSC 5991, Ontario Superior Court of Justice, October 2, 2020, J. Stribopoulos J. The insurer brought claims against numerous defendants ...

Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices

09. March 2021 0
Insurance law – Practice – Settlement of action – Releases – Discretion of court Wannan v. Hutchison, [2020] B.C.J. No. 1306, 2020 BCSC 1233, British Columbia Supreme Court, August 19, 2020, C. Murray J. The plaintiff sued the defendant for damages for injury and loss she alleged she suffered as a result of  naturopathic treatments ...

Intellectual property agreements are personal contracts

09. March 2021 0
Insurance law – Errors and omissions policies – Duty to defend – Named insured – Employee – Interpretation of policy – Contra proferentum rule – Defamation – Damages – Punitive damages Brown v. Sovereign General Insurance Co., [2021] O.J. No. 297, 2021 ONSC 511, Ontario Superior Court of Justice, January 21, 2021, P.M. Perell J. ...

Complementary insurance policies: Auto insurer did not have standing to bring an application against a personal insurer, with respect to a social event & motor vehicle accident claim

09. February 2021 0
Auto insurer does not have standing to bring an application for a declaration that the personal insurer defend social event allegations in a motor vehicle accident claim. Insurance law – Automobile insurance – Third parties – Duty to defend – Unjust enrichment Royal & Sun Alliance Insurance Co. of Canada v. Wawanesa Mutual Insurance Co., ...

Innocent plaintiff denied coverage due to marijuana exclusion clause

09. February 2021 0
Insurer relies on marijuana exclusion clause to effectively deny coverage to an innocent homeowner whose property was destroyed by renters, prior to Insurance Act s.129.1 protection amendment for innocent persons coming into force. Insurance law – Homeowner’s insurance – Exclusions – Statutory provisions – Innocent insured – Co-insurance – Interpretation of legislation – Retrospective application ...

Tort settlement does not change entitlement to Part 7 disability benefits

12. January 2021 0
Tort settlement’s reduction to long term disability benefits does not affect deductibility from no fault accident benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Statutory provisions – Double recovery – Practice – Leave to appeal Lindblad v. Insurance Corp. of British Columbia, [2020] B.C.J. No. 1738, ...

Not all bad faith results in punitive damages

12. January 2021 0
Non-contracting beneficiary of a group benefits policy could enforce payment of benefits but not a lump sum for future benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Good faith, breach of – Damages – Aggravated damages – Punitive damages – Practice – Leave to appeal Gascoigne ...

Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment

12. January 2021 0
Ontario Court of Appeal upholds ruling that the plaintiff is not entitled to recover judgment against insurer after notice of action against insured was provided nine years after action was commenced. Insurance law – Actions – Third parties – Relief against forfeiture – Practice – Notice – Leave to appeal Svia Homes Ltd. v. Northbridge ...