Appeal of declaration of entitlement to long-term disability benefits to age 65 allowed, the Court finding that the insured was only entitled to long-term disability benefits for two years. McGarry v. Co-operators Life Insurance Co., [2011] B.C.J. No. 773, April 28, 2011, British Columbia Court of Appeal, K.C. Mackenzie, P.D. Lowry and C.E. Hinkson JJ.A.
Appeal from master’s decision that insured had “required license” under aircraft policy allowed. Gudzinski Estate v. Allianz Global Risks US Insurance Co., [2011] A.J. No. 473, April 26, 2011, Alberta Court of Queen’s Bench, B.A. Browne J.
Insurer’s application for bifurcation of bad faith claim granted. Cort v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 853, May 5, 2011, British Columbia Supreme Court, Master P. Keighley
The Defendant Insurer appealed from a decision that it, rather than the Plaintiff Motor Vehicle Accident Claims Fund, was responsible for paying accident benefits. The Insurer argued that the Fund was obligated to proceed by way of arbitration. The Court of Appeal dismissed the appeal. Ontario (Minister of Finance) v. Progressive Casualty Insurance Co. of ...
Insurer ordered to defend claim brought against insured pursuant to general liability policy in respect of alleged negligent installation of kitchen cabinets. California Kitchens & Bath Ltd. v. AXA Canada Inc., [2010] O.J. No. 4752, November 5, 2010, Ontario Superior Court of Justice, E. Frank J.
An insurer was ordered to defend insured pursuant to a project specific wrap-up policy with respect to claims brought by owner of a building against the insured, the general contractor with respect to its construction. PCL Constructors Canada Inc. v. Encon Group, [2010] O.J. No. 4566, October 27, 2010, Ontario Superior Court of Justice, D.A. ...
An insured struck in British Columbia by a tractor trailor licensed in Manitoba was limited to the amount of benefits – payable by Manitoba Public Insurance Scheme – that would have been available to her under Part 7 of the B.C. Insurance (Vehicle) Regulation. Schuk v. York Fire & Casualty Insurance Co., [2010] B.C.J. No. 2153, November ...
Insured’s claim for loss occasioned by leak of home heating fuel was excluded by terms of standard pollution exclusion clause. Courbould v. BCAA Insurance Corp., [2010] B.C.J. No. 2125, November 1, 2010, British Columbia Supreme Court, J.S. Sigurdson J.
Insureds denied coverage following fire loss for failure to disclose the existence of a wood-burning furnace to the insurer. Jackson v. Canadian Northern Shield Insurance Co., [2010] B.C.J. No. 2113, October 29, 2010, British Columbia Supreme Court, T.R. Brooke J.
