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.
Award of punitive damages upheld but award of mental distress damages was reduced on appeal from judgment against insurer for failure to pay disability benefits. Fernandes v. Penncorp Life Insurance Co., [2014] O.J. No. 4039, September 2, 2014, Ontario Court of Appeal, R.B. Juriansz, S.E. Pepall and K.M. van Rensburg JJ.A.
The existance of subrogated action in insured’s name in Alberta for property damage was not a bar to insured’s claim for personal injuries in Ontario. Kelly v. Horn, [2014] O.J. No. 2872, June 16, 2014, Ontario Superior Court of Justice, F.N. Marrocco A.C.J.S.C.J., A.C.R. Whitten and Thomas JJ.
Ontario court did not have jurisdiction to hear a claim brought by a plaintiff who was involved in a motor vehicle accident in Alberta, notwithstanding that one of the defendants was her insurer who issued a policy to her in Ontario. Tamminga v. Tamminga, [2014] O.J. No. 2915, June 18, 2014, Ontario Court of Appeal, ...
Absolute pollution exclusion in commercial general liability policy precluded coverage for a claim arising from a spill of home heating oil. Breton Petroleum Ltd. v. Aviva Insurance Co. of Canada, [2014] N.S.J. No. 298, June 16, 2014, Nova Scotia Supreme Court, K. Coady J.
