$100,000 in punitive damages was awarded against an insurer for alleging fraud against its insured in respect of a fire loss in circumstances which the Court described as a “high-stakes litigation strategy”. Brandiferri v. Wawanesa Mutual Insurance Co., [2012] O.J. No. 2869, June 22, 2012, Ontario Superior Court of Justice, P. Lauwers J.
Although the insurer was found to owe a duty to defend to its insureds, because most of the claims would not be covered the court ordered an apportionment of defence costs. Tedford v. TD Insurance Meloche Monnex, [2012] O.J. No. 2821, June 22, 2012, Ontario Court of Appeal, S.E. Lang, G.J. Epstein and A. Hoy ...
An insurer could not rely on intentional act exclusion in s. 118 of the Insurance Act in circumstances where the insured intentionally reversed his vehicle in the direction of the plaintiff but did not intend to hit her. Savage v. Belecque, [2012] O.J. No. 2818, June 21, 2012, Ontario Court of Appeal, R.P. Armstrong, R.A. ...
An action against City was barred by Quebec’s Automobile Insurance Act in circumstances where a tree maintained by the City fell on the insured’s vehicle while he was driving. Westmount (City) v. Rossy, [2012] S.C.J. No. 30, June 22, 2012, Supreme Court of Canada, McLachlin C.J. and LeBel, Deschamps, Fish, Abella, Cromwell and Karakatsanis JJ.
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.
