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 ...

Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy

12. January 2021 0
A claim for accidental death benefits was dismissed where the insured suffered a cardiac event and ultimately drowned while fishing. Insurance law – Accident and sickness insurance – Benefits – Exclusions – Pre-existing condition – Interpretation of policy Downey v. Scotia Life Insurance Co., [2020] A.J. No. 1118, 2020 ABQB 638, Alberta Court of Queen’s ...

Duty to defend arising where French version of policy found to provide broader coverage than English version

08. December 2020 0
Insurance law – Homeowner’s insurance – Interpretation of policy – Exclusions – Duty to defend – Practice – Leave to appeal Chiasson v. Intact Insurance Co., [2020] N.B.J. No. 112, 2020 NBCA 37, New Brunswick Court of Appeal, June 4, 2020, J.C.M. Richard C.J.N.B., K.A. Quigg and C.A. LeBlond JJ.A. The insurer issued a Homeowners ...

What to do when there are two applicable insurance policies?

10. November 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Additional named insured – Duties and liabilities of insurer – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March 31, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. ...

Insured driver’s failure to take steps to ascertain the negligent driver’s identity may have been reasonable

10. November 2020 0
Insurance law – Automobile insurance – Unidentified motorist – Damages – Practice – Summary judgment v trial Lamb v. Co-operators General Insurance Co., [2020] O.J. No. 3492, 2020 ONSC 4955, Ontario Superior Court of Justice, August 19, 2020, J. Stribopoulos J. The insured commenced an action for damages she suffered when an unidentified motorist struck ...