Application to add insurer providing uninsured motorist coverage as defendant allowed after expiration of applicable limitation period. Tomescu v. Sarhan,  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,  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,  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.,  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.,  O.J. No. 4450, September 25, 2012, Ontario Court of Appeal, S.E. Lang, G.J. Epstein and A. Hoy JJ.A.
Plaintiff’s insurer was required to provide coverage due to a material misrepresentations made by driver of the other vehicle involved in an accident. Wen v. Unifund Assurance Co.,  O.J. No. 4386, September 20, 2012, Ontario Superior Court of Justice, S.M. Stevenson J.
No coverage for an insured whose property was vandalized while it was vacant due to a vacancy clause. However, the insured was successful in an action against his agent. Newbigging v. M. Butler Insurance Brokers Ltd.,  O.J. No. 4270, September 13, 2012, Ontario Superior Court of Justice, T. Maddalena J.
Insured was denied coverage for intentional breach of trust. Ernst & Young Inc. v. Chartis Insurance Co. of Canada,  O.J. No. 4399, September 17, 2012, Ontario Superior Court of Justice, T.R. Lederer J.