Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits. Insurance law – Automobile insurance – Uninsured motorist – Benefits – Statutory provisions – Practice – Leave to appeal – Arbitration – Jurisdiction of arbitrator Wawanesa Mutual Insurance Co. v. Motor Vehicle Accident Claims Fund, [2023] O.J. No. 3768, 2023 ONSC 4779, Ontario ...
Court of Appeal varies deductions of Part 7 benefits from award for loss of earning capacity Insurance law – Automobile insurance – Statutory provisions – Loss of earning capacity benefits – Deductibility – Future benefits – Practice – Leave to appeal Tompkins v. Meisters, [2023] B.C.J. No. 1631, 2023 BCCA 335, British Columbia Court of Appeal, August 17, 2023, H. ...
The insured’s application to add allegations of discrimination under human rights legislation in an existing claim for breach of contract against the insurer was allowed Insurance law – Homeowner’s insurance – Breach of contract – Limitation of actions Nero v. Allstate Insurance Co.,[2023] O.J. No. 3471, 2023 ONSC 4472, Ontario Superior Court of Justice, August ...
Insurer’s territorial competence motion for US-made policy relating to losses in BC was dismissed Insurance law – Liability insurance – Pollution – Breach of policy – Practice – Jurisdiction – Location of contract International Raw Materials Ltd. v. Steadfast Insurance Co., [20023] BCJ No. 1589, 2023 BCSC 1389, British Columbia Supreme Court, August 10, 2023, ...
The court determined that multiple claims brought against one lawyer were separate occurrences and that payments to claimants should be on a pro rata basis. Insurance law – Errors and omissions policies – Interpretation of policy – Statutory provisions – Apportionment and contribution of claims – First past the post approach Canadian Lawyers Insurance Association ...
Insurers properly denied coverage because the insured died as a result of committing the crime of possession of the cocaine that he consumed. Insurance law — Life insurance — Criminal offences — Exclusions – Duties and liabilities of insurer – Practice — Summary judgments – Leave to appeal Jantzen Estate v. TD Life Insurance Co., [2023] S.J. ...
An insurer owed no duty of care to recommend a property valuation assessment Insurance law – Homeowner’s insurance – Replacement cost value – Duty of care – Valuation of property – Negligence of insured Lynch Estate v. Bay of Quinte Mutual Insurance Co., [2023] O.J. No. 2856, 2023 ONSC 3855, Ontario Superior Court of Justice, June 27, 2023, P. Hurley ...
An insured’s application to add insurers in place of a managing general agent was granted despite the expiry of the limitation period Insurance law – Property insurance – Limitation of actions – Estoppel – Practice – Summary judgments Raubvogel v. Can-Sure Underwriting, [2023] O.J. No. 2786, 2023 ONSC 3705, Ontario Superior Court of Justice, June 21, 2023, J. ...
The insurer was required to defend an additional insured because there was at least a mere possibility of coverage based on the allegations in the pleading. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Surrey (City) ...
Agreements are a two-way street: while coverage under an insurance policy is to be interpreted generously as a matter of public policy, the Court will not favour an interpretation that amounts to ignoring the terms and wording of a policy. Insurance law – Commercial general liability insurance – Excess liability – Interpretation of policy – ...
