Insurance law – Commercial general liability insurance – Duty to defend – Practice – Leave to appeal – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2022] O.J. No. 2976, 2022 ONCA 503, Ontario Court of Appeal, June 30, 2022, E.E. Gillese, G.I. Pardu and D.M. Brown JJ.A. An employee of a hospital, a ...
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 ...
Insurance law – Business interruption insurance – Extensions – Interpretation of policy – Contra proferentum rule – Practice – Appeals – Standard of review 202135 Ontario Inc. (c.o.b. Helping Hands Daycare) v. Northbridge General Insurance Corp., [2022] O.J. No. 1844, 2022 ONCA 304, Ontario Court of Appeal, April 19, 2022, K.N. Feldman, S.E. Pepall and ...
Insurance law – Credit insurance – Interpretation of policy – Contra proferentum rule 908593 Ontario Ltd. (c.o.b. Eagle Travel Plaza) (Court appointed receiver of) v. Atradius Credito Y Caucion S.A. de Segyros Y Reaseguros, [2022] O.J. No. 1932, 2022 ONSC 2517, Ontario Superior Court of Justice, April 15, 2022, B.A. Conway J. The insured carried ...
Insurance law – Title insurance – Duty to defend – Practice – Appeals 1152729 BC Ltd. v. Chicago Title Insurance Co. Canada, [2022] O.J. No. 1969, 2022 ONCA 321, Ontario Court of Appeal, April 27, 2022, K.N. Feldman, S.E. Pepall and M.H. Tullock JJ.A. The insurer provided the insured with title insurance. The insured called ...
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 ...
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 ...
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 ...
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 ...
