Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies

08. November 2022 0
Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy Emond v. Trillium Mutual Insurance Co., [2022] O.J. No. 4347, 2022 ONSC 5519, Ontario Superior Court of Justice, September 29, 2022, R.M.R. Bell J. The insureds brought an application against their home insurer seeking indemnity for the costs of rebuilding their house which was ...

Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist

11. October 2022 0
Insurance law – Commercial general liability insurance – Professional negligence – Multiple policies – Apportionment and contribution – Disputes between insurers – Practice – Leave to Appeal Northbridge General Insurance Co. v. Aviva Insurance Co., [2022] O.J. No. 3086, 2022 ONCA 519, Ontario Court of Appeal, July 7, 2022, M.L. Benotto, B. Zarnett and L. ...

Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy

11. October 2022 0
Insurance law – Marine insurance – Agents and brokers – Negligent misrepresentation – Jury trials – Striking jury notice Arctic Pearl Fishing Ltd. v. Intact Insurance Co., [2022] B.C.J. No. 1665, 2022 BCSC 1549, British Columbia Supreme Court, September 2, 2022, Master K.A. Robertson The insured acquired a commercial fishing vessel and insured it with ...

No uninsured motorist coverage for passenger in stolen vehicle

11. October 2022 0
Insurance law – Automobile insurance – Exclusions – Theft of vehicle – Passengers – Uninsured motorist – Statutory provisions Burnham v. Co-Operators General Insurance Co., [2022] O.J. No. 3822, 2022 ONSC 4934, Ontario Superior Court of Justice, August 29, 2022, A.J. Goodman J. The plaintiff was a passenger in a stolen vehicle and was seriously ...

O what a tangled web…

13. September 2022 0
Insurance law – Liability law – Product liability – Property damage – Umbrella policies – Series of related occurrences – Definition – Commercial general liability insurance – Exclusions Dana Canada Corp. v. XL Specialty Insurance Co., [2022] O.J. No. 3281, 2022 ONSC 4214, Ontario Superior Court of Justice, July 18, 2022, J.T. Akbarali J. Dana ...

Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same

13. September 2022 0
Insurance law – Homeowner’s insurance – Material misrepresentations – void Ab Initio – Mortgages – Standard mortgage clause – Practice – Appeals Builders Capital (2014) Ltd. v. Aviva Insurance Co. of Canada, [2022] A.J. No. 437, 2022 ABCA 120, Alberta Court of Appeal, April 1, 2022, B.L. Veldhuis, E.A. Hughes and A. Kirker JJ.A. Thttps://canlii.ca/t/jr96qhe ...

Coverage dried up for desiccant supplier

09. August 2022 0
Insurance law – Liability insurance – Wrap up policies – Interpretation of policy – Construction development – Duties and liabilities of insured – Practice – Summary judgments Strata Plan BCS 3206 v. KBK No. 11 Ventures Ltd., [2022] B.C.J. No. 821, 2022 BCSC 766, British Columbia Supreme Court, May 10, 2022, M.B. Blok J. Honeywell ...

Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault

09. August 2022 0
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer Butterfield v. Intact Insurance Co., [2022] O.J. No. 3143, 2022 ONSC 4060, Ontario Superior Court of Justice, July 13, 2022, C.D. Braid J. The insured stabbed a store owner but was found not criminally responsible ...