Insurer’s motion for a stay of proceedings based on an aribitration clause in the insurance policy was dismissed because the declarations endorsement provided for proceeding by way of an action

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 ...

Successful application by the defendant for a summary dismissal of the landlord’s claim for damages caused by a fire because the lease contained an implied covenant to insure

10. January 2017 0
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, ...

Successful application for a dismissal for want of prosecution of an action commenced in April 2006

10. January 2017 0
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 ...

Subrogated claim by the insurer of the owner of a commercial building that was damaged by a fire, allegedly intentionally set by a friend of an officer and shareholder of a company that was a tenant in the building

10. January 2017 0
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 ...

Appeal by the insurer from an order declaring that the insurer was required to pay pre-tender defence costs incurred before the insureds gave the insurer notice of the claim and granting the insureds relief against forfeiture. The appeal was allowed because, pursuant to the insurance policy, the insurer’s duty to defend could not arise until the insureds gave the insurer notice of the claim. The insureds were not entitled to relief against forfeiture with respect to the pre-tender defence costs. The insurer assumed the defence upon receiving late notice of the claim and, therefore, there was no forfeiture of insurance.

19. October 2016 0
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 ...

Appeal of a preliminary arbitration award which found the insurer’s policy expired at the end of the six-month term and therefore was not in force at the time of the accident. The Court of Appeal found the insurer failed to give notice of renewal or non renewal as required by s.236(1) of the Insurance Act and pursuant to s.236(5), the insurance policy remained in force at the time of the accident.

19. October 2016 0
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 ...

The insured pursued a summary judgment motion for costs, enhanced pre-judgment interest, and professional fees incurred in proving the claim. The defendant insurers had previously paid the amounts owed under the policy. The court declined to grant the relief sought by the insured and dismissed the action without costs.

19. October 2016 0
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, ...

In a Garage Policy, coverage for damages caused by accidentally reversing the polarity of a battery in a motor vehicle is excluded under the exclusion for loss or damage “consisting of, or caused by, mechanical fracture, failure or breakdown of any part of a motor vehicle”

18. August 2016 0
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 ...

The driver of a vehicle did not have implied consent to drive her mother’s vehicle. The daughter was required to ask for permission to use the vehicle and tell her mother where she was going, how long she would be, and what she was doing and the daughter failed to obtain permission on this occasion.

18. August 2016 0
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 ...