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.
It is appropriate for insurer to seek contribution from other insurers by filing an originating application pursuant to Rule 3.2(1) of the Alberta Court of Queen’s Bench Rules. Northbridge Indemnity Insurance Corp. v. Intact Insurance Co., [2014] A.J. No. 611, June 10, 2014, Alberta Court of Queen’s Bench, W.P. Sullivan J.
Insured found to have made material misrepresentations during his application for a life and disability policy. Linden Estate v. CUMIS Life Insurance Co., [2014] N.S.J. No. 153, April 4, 2014, Nova Scotia Supreme Court, D. Boudreau J.
Insurer’s notice of termination of benefits under Statutory Accident Benefits Schedule was not properly given because procedure requirements not followed. Roger v. Personal Insurance Co. of Canada, [2014] O.J. No. 1575, April 1, 2014, Ontario Superior Court of Justice, C.D. Aitken J.
Pollution exclusion in homeowner’s policy may not apply to circumstances where sound insulation releases noxious gas that renders the home uninhabitable. Robinson v. Primmum Insurance Co., [2014] O.J. No. 487, January 31, 2014, Ontario Superior Court of Justice, A.D. Grace J.
Application by insurer for declaration that homeowner’s policy which excluded the cost of making good faulty material or workmanship did not apply to loss in circumstances where statement of claim alleged faulty workmanship was denied on basis that the cause of loss might not be limited to faulty workmanship. Hallett v. Fitzpatrick, [2013] N.J. No. ...
Errors & Omissions Insurer entitled to decline a defence to its insured, a lawyer, on the basis of a notwithstanding clause which allowed it to decline to defend an insured on the basis of a reasonable investigation rather than on the basis of the pleadings. Juroviesky and Ricci LLP v. Lawyers Professional Indemnity Co., [2014] ...
In Willoughby v. Pilot Insurance Co., the insurer provided home insurance on the insureds’ home, which was destroyed by fire. The insurance policy included a Guaranteed Replacement Cost on Buildings (“GRC”) endorsement. After the fire, the insureds decided not to rebuild or repair the fire-damaged home. Instead, they purchased a home in another location and moved there. In ...
Disability insurer’s decision to void a policy on the basis of material misrepresentations with respect to the insured’s health on his application for insurance was upheld on appeal. Walsh v. Unum Provident, [2013] N.S.J. No. 582, November 8, 2013, Nova Scotia Court of Appeal, M. MacDonald C.J.N.S., J.W.S. Saunders and J.E. Fichaud JJ.A.
