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. ...
Insureds were denied coverage on a home insurance policy for failing to advise the Insurer that their tenants had moved out and not returned the keys. Wu v. Gore Mutual Insurance Co., [2009] O.J. No. 5201, December 2, 2009, Ontario Superior Court of Justice, M.J. Nolan J.
Insured’s appeal of a finding that his long-term disability policy was void for material misrepresentation was dismissed. Fernandes v. RBC Life Insurance Co., [2009] O.J. No. 5240, December 8, 2009, Ontario Court of Appeal, E.A. Cronk, S.E. Lang and R.G. Juriansz JJ.A.
Claims against Insurer in negligence and breach of contract dismissed on a non-suit motion on the basis of the Insureds’ failure to adduce evidence of the standard of care. Tingley v. Wellington Insurance, [2009] N.S.J. No. 375, August 18, 2009, Nova Scotia Supreme Court, D. MacAdam J.
As between the limitation period in an insurance policy and the limitation period set out in Section 22(1) of the Insurance Act of British Columbia, the limitation period in the policy prevails so long as it is not shorter than that prescribed by Section 22(1). Colgur v. Manufacturers Life Insurance Co., [2009] B.C.J. No. 1644, ...
