One-year contractual limitation period was enforceable by insurer against insured in respect to coverage dispute. Boyce v. Co-operators General Insurance Co., [2013] O.J. No. 2568, May 8, 2013, Ontario Court of Appeal, D.H. Doherty, E.A. Cronk and P.D. Lauwers JJ.A.
No coverage under homeowner policy for claim against vendor for fraudulent misrepresentation leading to sale of home. Chrysanthis v. Ali, [2013] O.J. No. 1239, March 18, 2013, Ontario Superior Court of Justice, D.F. Baltman J.
Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a claim by the plaintiff against the defendant arising out of damage to the plaintiff’s building caused by the defendant and its subcontractors. Bank of Nova ...
Application to add insurer providing uninsured motorist coverage as defendant allowed after expiration of applicable limitation period. Tomescu v. Sarhan, [2013] O.J. No. 1059, March 11, 2013, Ontario Superior Court of Justice, T.A. Bielby J.
Insured entitled to maintain an action under s. 103 of the Automobile Insurance Act (Saskatchewan) against the defendants in respect to a claim for the difference between the amount the insurer contributed towards his rehabilitation and living assistance costs and his actual costs, and the difference between the income replacement benefits paid by the insurer ...
Insured was liable to pay a 10% administrative fee levied by Nova Scotia Department of Transportation and Infrastructure Renewal for the repair of a culvert damaged by motor vehicle driven by an employee of the insured. Nova Scotia (Attorney General) v. Jacques Home Town Dry Cleaners, [2013] N.S.J. No. 4, January 3, 2013, Nova Scotia ...
When the particulars of a loss are destroyed by the insured peril the court will be more sympathetic to the insured when determing the quantum of the loss Visual Design Consultants Inc. v. Royal and Sun Alliance Insurance Co. of Canada, [2012] N.S.J. No. 682, December 18, 2012, Nova Scotia Supreme Court, R.W. Wright J.
Insurer was not under a duty to defend an insured in an action where the insured, a teacher, was alleged to have committed assault and battery in respect to a student. Dube v. BCAA Insurance Corp., [2012] B.C.J. No. 2751, December 24, 2012, British Columbia Supreme Court, S.F. Kelleher J.
The Insurer was found to owe its insured a duty to defend in circumstances where the plaintiffs amended their claim from one alleging fraud to one alleging negligence. Aitken v. Unifund Assurance Co., [2012] O.J. No. 4450, September 25, 2012, Ontario Court of Appeal, S.E. Lang, G.J. Epstein and A. Hoy JJ.A.
