Airbnb renters may be insureds under strata insurance policies

30. January 2024 0
A subrogating strata corporation’s insurer was barred from claiming against a short-term renter Insurance law – Property insurance – Landlord and tenant – Strata corporations – Subrogation – Right of insurer to subrogation Strata Plan VR 2213 v. Schappert, [2023] B.C.J. No. 2272, 2023 BCSC 2080, British Columbia Supreme Court, November 27, 2023, S.R. Coval ...

Playing with fire and subrogation waivers

30. January 2024 0
A waiver of subrogation clause in the rules of a condominium owners’ association did not preclude claims against a unit owner for causing a fire Insurance law – Property insurance – Strata corporations – Subrogation – Right of insurer to subrogation Condominium Corp. No. 0840294 v. Oakley, [2023] A.J. No. 1225, 2023 ABKB 668, Alberta Court of ...

Compliance costs excluded under residential homeowners policy

27. December 2023 0
Ontario Court of Appeal allows appeal and finds costs incurred to comply with “any law” in repair or replacement of dwelling were excluded from recovery under policy. Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy – Doctrine of reasonable expectation – Practice – Appeals Edmond v. Trillium Mutual Insurance Co., [2023] O.J. ...

A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial

29. November 2023 0
Conflicts in expert evidence weigh against suitability for summary trial, particularly where the conflicts leave the Court unable to conclude on an issue in dispute. Insurance law – Stock Throughput insurance – Coverage – Evidence – Practice – Summary judgments – Damages Valley Select Foods Inc. v. Lloyd’s Underwriters, [2023] B.C.J. No. 1318, 2023 BCSC ...

Better to ask for permission than to seek forgiveness!

29. November 2023 0
Excess liability insurer did not have an obligation to indemnify an insured because it did not consent to the settlement. Insurance law – Property insurance – Exclusions – Subrogation – Excess liability –  Practice – Settlement of action Greenwin Inc. v. St. Paul Fire and Marine Insurance Co., [2023] O.J. No. 3987, 2023 ONSC 5097, ...

Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion

29. November 2023 0
The Court of Appeal dismissed the insurer’s appeal of a finding of coverage for an ATV owner who was sued when the ATV’s passenger was injured in an accident because the owner had provided specific permission to the driver and the driver’s breach occurred outside the parameters of the permission provided, which the owner could ...

Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result

29. November 2023 0
The insured’s claim for punitive and aggravated damages for conduct relating to provision of statutory accident benefits was dismissed. The insured had settled her claim for benefits with her benefits provider and signed a release and could not therefore maintain her claim for punitive and aggravated damages against another party which had originally provided her ...