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View all posts by Cameron Elder

Failure to disclose a wood stove may void home insurance

20. December 2010 0
Cameron Elder Posted by Cameron Elder
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.

In British Columbia, the amount of vehicle damage must be pursued internally at ICBC

21. October 2010 0
Cameron Elder Posted by Cameron Elder
British Columbia Supreme Court did not have jurisdiction to deal with dispute as to quantum between Plaintiff Insured and Defendant ICBC. 476605 B.C. Ltd. v. Insurance Corp. of British Columbia, [2010] B.C.J. No. 1608, August 13, 2010, British Columbia Supreme Court, C.J. Ross J.

In Manitoba, an appeal of the determination of the scope of auto benefits must be made to the Queen’s Bench

18. October 2010 0
Cameron Elder Posted by Cameron Elder
A decision under s. 79(1) of the Manitoba Public Insurance Corporation Act must be appealed to the Court of Queen’s Bench. Constantin v. Manitoba Public Insurance Corp., [2010] M.J. No. 254, August 20, 2010, Manitoba Court of Appeal, F.M. Steel and A.D. MacInnes JJ.A. and H.C. Beard J. (ad hoc)

A person injured while riding in a golf cart may be entitled to no-fault benefits under her automobile insurance policy

18. October 2010 0
Cameron Elder Posted by Cameron Elder
Insured was entitled to no-fault benefits under the Manitoba Public Insurance Corporation Act following an accident involving a golf cart. Hruska v. Bridges Golf Club Ltd. (c.o.b. Bridges Golf Course), [2010] M.J. No. 257, August 18, 2010, Manitoba Court of Queen’s Bench, B.L. Keyser J.

It may be difficult for an insurer to establish that an insurance policy has lapsed

17. October 2010 0
Cameron Elder Posted by Cameron Elder
Ontario Court of Appeal upholds arbitrator’s decision as to which insurer had an obligation to pay benefits to an insured claimant. Wawanesa Mutual Insurance Co. v. Lombard Canada, [2010] O.J. No. 3617, May 27, 2010, Ontario Court of Appeal, J.C. MacPherson, E.E. Gillese and R.A. Blair JJ.A.

An insurer providing coverage to an independent contractor may have to provide a defence to property owners under their insurance policy

15. October 2010 0
Cameron Elder Posted by Cameron Elder
Insurer had duty to defend occupier of a shopping mall as an unnamed insured under the snow removal contractor’s insurance policy. Cadillac Fairview Corp. v. Oakridge Landscape Contractors, [2010] O.J. No. 3480, August 17, 2010, Ontario Superior Court of Justice, J.A. Ramsay J.

Billing completed by a healthcare provider on behalf of an insured may constitute an application for insurance

14. October 2010 0
Cameron Elder Posted by Cameron Elder
Forms submitted by chiropractor amounted to an application for insurance by the insureds. ING Insurance Co. of Canada. v. TD Insurance Meloche Monnex, [2010] O.J. No. 3549, August 24, 2010, Ontario Court of Appeal, E.E. Gillese, R.G. Juriansz and H.S. LaForme JJ.A.

A person with no car insurance can recover all of their losses if the other party is 100% at fault for the accident

04. September 2010 0
Cameron Elder Posted by Cameron Elder
Driver of an unregistered and uninsured vehicle was not entitled to indemnity for damages to vehicle even though the other driver was found to be 100% at fault. Kotello v. West, [2010] M.J. No. 154, May 4, 2010, Manitoba Court of Queen’s Bench, C. Suche J.

An insurance contract only insures property that the insurance company is advised of at the time that the insurance is purchased

12. August 2010 0
Cameron Elder Posted by Cameron Elder
Statement of Values filled out after the completion of an application for insurance did not form part of the insured’s policy of insurance. Sunburst Skylight Ltd. v. Lloyd’s Underwriters, Lloyd’s, London,  [2010] B.C.J. No. 963, May 20, 2010, British Columbia Supreme Court, P.G. Voith J.

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