Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy

11. October 2022 0
Insurance law – Marine insurance – Agents and brokers – Negligent misrepresentation – Jury trials – Striking jury notice Arctic Pearl Fishing Ltd. v. Intact Insurance Co., [2022] B.C.J. No. 1665, 2022 BCSC 1549, British Columbia Supreme Court, September 2, 2022, Master K.A. Robertson The insured acquired a commercial fishing vessel and insured it with ...

Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss

Insurance law – Property insurance – Mandatory appraisal – Promissory estoppel – Injunctions Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2022] O.J. No. 2196, 2022 ONSC 2613, Ontario Superior Court of Justice, April 29, 2022, P.M. Perell J. A dispute arose between the insurer and the insureds in relation to a fire loss.  The insurer insured ...

Insurer entitled to partially deduct Part 7 medication expenses from cost of care award

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Damages – Special damages – Future benefits Xu v. Balaski, [2021] B.C.J. No. 2037, 2021 BCSC 1850, British Columbia Supreme Court, September 22, 2021, K.W. Ball J. The insured brought a claim for damages against defendants in three motor vehicle accidents. Liability was admitted ...

Insured had no expectation of privacy in relation to participation at case conference

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...

Insured alleged to have shaken baby not entitled to defence

09. November 2021 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...