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 ...
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, ...
An insurance broker was denied leave to file a third party claim in relation to the plaintiff’s property damage because the third party claim against the broker was related to insurance coverage and not the plaintiff’s damages. Insurance law – Liability insurance – Wrap-up policies – Breach of policy – Material change in risk (failure ...
Court of Appeal awarded damages equivalent to replacement cost of a dwelling where insureds showed they would have replaced the dwelling had they had effective coverage. Insurance law – Property insurance – Landlord and tenant – Exclusions – Damages – Actual cost vs replacement cost – Agents and brokers – Duties and liabilities of agent ...
Court of Appeal overturned finding that a water damage extension extended the definition of insured property to include the land and soil in the insured’s backyard. Insurance law – Homeowner’s insurance – Extension – Interpretation of policy – Practice – Appeals Osborne v. Family Insurance Solutions Inc., [2021] B.C.J. No. 413, 2021 BCCA 104, British ...
