Insurance law – Policies and insurance contracts – Interpretation of policy – Terms of policy – Arbitration provision – Actions – Stay of proceedings Trade Finance Solutions Inc. v. Equinox Global Ltd., [2016] O.J. No. 6712, 2016 ONSC 7988, Ontario Superior Court of Justice, December 30, 2016, G.R. Dow J. The insured was in the ...
Insurance law – Liability insurance – Property insurance – Fire insurance – Landlord and tenant – Covenant to insure – Summary judgments, availability – Evidence Youn v. 1427062 Alberta Ltd. (c.o.b. Red’s Pub), [2016] A.J. No. 1125, 2016 ABQB 606, Albert Court of Queen’s Bench, October 27, 2016, Master A.R. Robertson (In Chambers) On March 25, ...
Insurance law – Property insurance – Landlord and tenant – Intentional torts – Exclusions – Vandalism – Actions – Delay – Dismissal of action for want of prosecution Momi v. Wawanesa Mutual Insurance Co., [2016] B.C.J. No. 2288, 2016 BCSC 2025, British Columbia Supreme Court, November 3, 2016, G.C. Weatherill J. The insureds owned a ...
Insurance law – Subrogation – Right of insurer to subrogation – Property insurance – Landlord and tenant – Intentional torts – Conspiracy – Directors and officers – Doctrine of corporate identification Austeville Properties Ltd. v. Josan, [2016] B.C.J. No. 2230, 2016 BCSC 1963, British Columbia Supreme Court, October 26, 2016, T.W. Bowden J. The plaintiff ...
Insurance law – Commercial general liability insurance – Duty to defend – Policies and insurance contracts – Notice – Late reporting – Legal and professional fees – Rights and duties of insured – Relief against forfeiture Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., [2016] B.C.J. No. 1769, 2016 BCCA 352, British Columbia Court of ...
Insurance law – Automobile insurance – Policies and insurance contracts – Cancellation of policy – Notice – Statutory provisions – Terms of policy – Rights and duties of insurer Echelon General Insurance Co. v. Ontario (Minister of Finance), [2016] O.J. No. 4264, 2016 ONSC 5019, Ontario Superior Court of Justice, August 11, 2016, W.M. Matheson ...
Insurance law – Multiple policies – Apportionment and contribution of claim – Farm policies – Business interruption coverage – Calculation of losses – Costs – Interest – Pre-judgment interest – Legal and professional fees – Pleadings – Underlying action Hog Haven Inc. v. North Waterloo Farmer’s Mutual Insurance, [2016] O.J. No. 4412, 2016 ONSC 5311, ...
Insurance law – Automobile insurance – Policies and insurance contracts – Interpretation of policy – Exclusions – Mechanical failure or breakdown Kal Tire Ltd. v. Insurance Corp. of British Columbia, [2016] B.C.J. No. 1138, 2016 BCSC 982, British Columbia Supreme Court, June 2, 2016, D.A. Betton J. This was an appeal from a Provincial Court ...
Insurance law – Automobile insurance – Exclusions – Implied consent Watts v. Bowman, [2016] O.J. No. 3154, 2016 ONSC 3994, Ontario Superior Court of Justice, June 15, 2016, J.C. Corkery J. On October 14, 2011, Amanda Brown was driving her mother’s vehicle and she struck a vehicle driven by the plaintiff. The plaintiff was injured and ...