Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full

23. December 2021 0
Insurance law – Property insurance – Insurable interest – Practice – Summary judgments Angleland Holdings Inc. v. Lloyd’s Underwriters, [2021] B.C.J. No. 2234, 2021 BCSC 2019, British Columbia Supreme Court, October 15, 2021, D.W. Thompson J. This was a summary trial on the sole issue of whether the insured had an insurable interest in a ...

Insurer entitled to partially deduct Part 7 medication expenses from cost of care award

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Damages – Special damages – Future benefits Xu v. Balaski, [2021] B.C.J. No. 2037, 2021 BCSC 1850, British Columbia Supreme Court, September 22, 2021, K.W. Ball J. The insured brought a claim for damages against defendants in three motor vehicle accidents. Liability was admitted ...

Insured had no expectation of privacy in relation to participation at case conference

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...

Insured alleged to have shaken baby not entitled to defence

09. November 2021 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...

Insured has burden of proof in application to reinstate accident benefits

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Income replacement benefits – Medical and rehabilitation expenses – Practice – Appeals – Duties and liabilities of insured – Burden of proof Cass v. Saskatchewan Government Insurance, [2021] S.J. No. 408, 2021 SKCA 130, Saskatchewan Court of Appeal, September 29, 2021, G.R. Jackson, L.M. Schwann and J.D. Kalmakoff JJ.A. ...

Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims

09. November 2021 0
Court of Appeal allowed insurer’s appeal, finding no ambiguity in corrosion exclusion, and underscoring importance of consistent interpretation of standard form insurance contracts. Insurance law – All-risk insurance – Exclusions – Business interruption – Interpretation of policy – Damages – Economic loss – Practice – Appeals – Duties and liabilities of insurer MDS Inc. v. ...

Criminal activity was not material to life insurance risk

14. September 2021 0
Insurance law – Life insurance – Criminal offences – Misrepresentation in obtaining insurance – Material change in risk – Damages – Costs in lieu of punitive damages Watson Estate v RBC Life Insurance Co of Canada, [2021] O.J. No. 4127, 2021 ONSC 5305, Ontario Superior Court of Justice, July 30, 2021, R.J. Mandhane J. The ...

Duty to defend for property damage claim less than deductible

14. September 2021 0
Insurance law – Liability insurance – Wrap up policies – Duty to defend – Interpretation of policy – Deductible Distillery S.E. Development Corp. v. Temple Insurance Company, [2021] O.J. No. 1535, 2021 ONSC 1908, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds were the developer and a subcontractor involved in ...