Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them. Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Superior Court of Justice, M.J. Nolan J.
University insurer found to have duty to defend employees of university in context of claims by a former student for misappropriation of ideas and use of concepts. Baiden v. Canadian Universities Reciprocal Insurance Exchange, [2011] O.J. No. 5850, December 15, 2011, Ontario Superior Court of Justice, C.J. Brown J.
Two insurance companies and an insurance broker were found not to owe a duty to the actual owner of a vehicle to investigate the ownership of a vehicle when approving or issuing an application for insurance. Barzo v. Chrysler Financial Services Inc., [2011] O.J. No. 5874, December 21, 2011, Ontario Superior Court of Justice, J. Mackinnon ...
Decision by insurer to deny payment on a life insurance policy following the death of the insured in a plane crash based on an exclusion clause requiring the insured to have the “required licence” to fly upheld because the insured’s medical certificate had expired one year before the accident. Gudzinski Estate v. Allianz Global Risks ...
Insured successfully obtained a declaration that the insurer was obligated to pay for its defence costs with respect to a defamation claim, and that it should have control of its own defence. British Columbia Medical Association v. Aviva Insurance Co. of Canada, [2011] B.C.J. No. 1948, October 19, 2011, British Columbia Supreme Court, C.J. Ross J.
Court of Appeal upheld award of damages for mental distress in relation to a claim for statutory accident benefits. McQueen v. Echelon General Insurance Co., [2011] O.J. No. 4563, October 18, 2011, Ontario Court of Appeal, E.E. Gillese, R.P. Armstrong and A. Karakatsanis JJ.A.
Application to add out-of-province insurer as a defendant by insured allowed notwithstanding the limitation period prescribed by s. 103 of the Insurance (Vehicle) Regulation had expired. Moldovan v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 2008, October 27, 2011, British Columbia Court of Appeal, M.V. Newbury, D.M. Smith and H. Groberman JJ.A.
Insurer’s application to be added as a party in an action by former employees against former directors and officers of its insured company was dismissed. Pope & Talbot Ltd. (Re), [2011] B.C.J. No. 793, April 28, 2011, British Columbia Supreme Court (In Bankruptcy and Insolvency), P.W. Walker J.
Insured was entitled to coverage under the policy because membership in AMA was not a condition precedent to coverage and there was a reasonable expectation that the policy would be renewed on an annual basis. Lafont v. Alberta Motor Assn. Insurance Co., [2011] A.J. No. 513, May 3, 2011, Alberta Court of Queen’s Bench, D.J. ...
