Dispute resolution process under Statutory Condition 11 as to value of insured property is mandatory and agreements reached pursuant to process not subject to review by court

Insurance law – Property insurance – Valuation of property – Good faith – Duties and liabilities of insured Oraniewicz v. Intact Insurance Co., [2023] B.C.J. No. 470, 2023 BCSC 400, British Columbia Supreme Court, March 16, 2023, D.K. Hori J. The insured owned and operated a restaurant and hotel in Kimberly, British Columbia. The insurer ...

Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist

11. October 2022 0
Insurance law – Commercial general liability insurance – Professional negligence – Multiple policies – Apportionment and contribution – Disputes between insurers – Practice – Leave to Appeal Northbridge General Insurance Co. v. Aviva Insurance Co., [2022] O.J. No. 3086, 2022 ONCA 519, Ontario Court of Appeal, July 7, 2022, M.L. Benotto, B. Zarnett and L. ...

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 ...