Insurance law – Automobile insurance – Damages – Benefits – Deductibility Portage LaPrairie Mutual Insurance Co. v. Sabean, [2015] N.S.J. No. 230, 2015 NSCA 53, Nova Scotia Court of Appeal, June 4, 2015, D.R. Beveridge, M.J. Hamilton and J.E. Scanlan JJ.A. The Nova Scotia Court of Appeal considered whether future Canada Pension Plan disability benefits were ...
Insurance law – Automobile insurance – Jurisdiction – Location of contract – Conflict of laws – Choice of law – Forum of necessity Romanko v. Nettina, [2014] O.J. No. 6491, 2014 ONSC 5153, Ontario Superior Court, September 8, 2014, S.T. Bale J. The insureds Ontario residents were injured in a motor-vehicle accident while driving in ...
Decision granting summary judgment dismissing insured’s action was upheld on basis that insured did not meet qualifying conditions of disability policy and commenced action more than two years after becoming aware of disability. Insurance law – Disability insurance – Long term disability benefits – Proof of disability – Policies and insurance contracts – Limitation of ...
Commercial general liability insurer was under obligation to defend insured in respect to claims relating to allegedly defective valves in HVAC units, which resulted in flooding. Insurance law – Commercial general liability insurance – Multiple policies – Duty to defend – Property damage – Pleadings – Underlying action Versa Fittings and Manufacturing Inc. v. Berkley ...
Commercial general liability insurers are under duty to defend insured in third party claims and to share the costs on a proportionate basis. Insurance law – Commercial general liability insurance – Duty to defend – Property damage – Third party claims – Additional named insured – Pleadings – Underlying action – Apportionment of defence costs ...
Damage caused to windows by cleaning company during construction of building was not covered by all-risk policy containing exclusion for cost of making good faulty workmanship. Insurance law – All-risk insurance – Property insurance – Policies and insurance contracts – Coverage – Interpretation of policy – Exclusions – Defective workmanship – Resulting damage Ledcor Construction ...
Insured’s action against insurer on a policy of critical illness insurance was dismissed on the basis that the insured’s cancer showed signs of developing within 90 days of the effective date of the policy thereby triggering a 90-day exclusion clause. MacQuarrie v. National Bank Life Insurance Co., [2014] O.J. No. 4130, February 27, 2014, Ontario ...
Third party notice issued by owner of motor vehicle against renter was sufficient to require insurer of renter to respond first to claim arising out of a motor vehicle accident, notwithstanding that the plaintiff only named the owner as a defendant. Elias v. Koochek, [2014] O.J. No. 4125, September 8, 2014, Ontario Superior Court of ...
Defendant certified financial planner was not covered under a general liability policy in respect to a claim arising from the plaintiffs’ investment in a specific project, which turned out to be a fraudulent scheme. Yanaky v. Arch Insurance (Canada), [2014] O.J. No. 3951, August 27, 2014, Ontario Superior Court of Justice, S.E. Firestone J.