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.
An insurance broker was found liable for failing to advise insured of change in her insurance needs following her moving out from the family home. Beck Estate v. Johnston, Meier Insurance Agencies Ltd., [2010] B.C.J. No. 972, May 21, 2010, British Columbia Supreme Court, S.A. Griffin J. (In Chambers)
A girlfriend of insured is not spouse or dependent for purposes of unidentified driver provisions of an insurance policy. Pepe v. State Farm Mutual Automobile Insurance Co., [2010] O.J. No. 2138, May 20, 2010, Ontario Superior Court of Justice, D.A. Wilson J.
Pushing a motorcycle during a course was found to be an ordinary and well-known use of a motor vehicle. V-Twin Motorcycle School Ltd. v. Insurance Corp. of British Columbia, [2010] B.C.J. No. 960, January 29, 2010, British Columbia Supreme Court, B. Brown J. (In Chambers)
Action for damages for breach of an insurance policy dismissed. The insured vehicle was parked in a Kal Tire parking lot when it was stolen. The insurance policy did not cover losses for stored vehicles when they are parked on a “highway”. The Kal Tire parking lot was found to be a “highway” as that ...
Insurer established Insured committed arson thereby depriving Insured recovery under the policy. Performance Factory Inc. v. Atlantic Insurance Co. Limited, [2010] N.J. No. 78 (S.C), March 3, 2010, Newfoundland and Labrador Supreme Court – Trial Division, R.P. Whalen J.
Insured covered under automobile policy issued to common law spouse for an accident involving an uninsured van. Faulds v. O’Connor, [2010] N.S.J. No. 67, February 12, 2010, Nova Scotia Supreme Court, P. Bryson J.
Tenant Exclusion Endorsement inconsistent with Standard Mortgage Clause and therefore unenforceable. Hum v. Grain Insurance and Guarantee Co., [2009] A.J. No. 1351, December 4, 2009, Alberta Court of Queen’s Bench, R. Stevens J.
Insurer’s right to subrograte under Standard Mortgage Clause requires fulfillment of two preconditions, (1) the insurer must make payment of the loss award, or part of it, to the mortgagee; and (2) the insurer must establish a claim that it has no liability to the mortgagor. Pinder v. Farmers’ Mutual Insurance Co. (Lindsay), [2009] O.J. No. ...
