Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses

29. August 2023 0
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. ...

Ontario Court of Appeal upholds decision that insurer did not establish, on a balance of probabilities, that insured made material and fraudulent misrepresentations on application for insurance and therefore insured’s life insurance policy was valid

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio – Practice – Leave to appeal Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2023] O.J. No. 373, 2023 ONCA 54, Ontario ...

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 ...

Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer

Insurance law – Property insurance – Interpretation of policy – Ambiguity – Exclusions – Contra proferentum rule – Insured – Rights and duties of insured 2102908 Alberta Ltd. v. Intact Insurance Co., [2022] A.J. No. 284, 2022 ABQB 175, Alberta Court of Queen’s Bench, February 28, 2022, S.E. Richardson J. The insured operated a bowling ...

Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2022] O.J. No. 226, 2022 ONSC 432, Ontario Superior Court of Justice, January 18, ...