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 ...
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, ...
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 ...
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 ...
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. ...
