Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Damages – Special damages – Future benefits Xu v. Balaski, [2021] B.C.J. No. 2037, 2021 BCSC 1850, British Columbia Supreme Court, September 22, 2021, K.W. Ball J. The insured brought a claim for damages against defendants in three motor vehicle accidents. Liability was admitted ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Income replacement benefits – Medical and rehabilitation expenses – Practice – Appeals – Duties and liabilities of insured – Burden of proof Cass v. Saskatchewan Government Insurance, [2021] S.J. No. 408, 2021 SKCA 130, Saskatchewan Court of Appeal, September 29, 2021, G.R. Jackson, L.M. Schwann and J.D. Kalmakoff JJ.A. ...
Insurance law – Errors and omissions policies – Duty to defend – Professional negligence Malic v. Zurich Insurance Co., [2021] A.J. No. 544, 2021 ABQB 308, Alberta Court of Queen’s Bench, April 20, 2021, M. Hayes-Richards J. The insured brought an application seeking a declaration that the insurer had a duty to defend him in ...
Insurance law – Automobile insurance – Use of vehicle – Breach of policy – Material change in risk – Duty to defend – Duties and liabilities of insurer Euler v. Economical Insurance, [2021] O.J. No. 2124, 2021 ONSC 3018, Ontario Superior Court of Justice, April 22, 2021, D.C. Shaw J. The insured used his motor ...
Insurance law – Automobile insurance – Uninsured motorist – Fraud – Benefits – Statutory provisions – Practice – Leave to appeal – Standard of review – Summary judgments Abbas v. Esurance Insurance Co. of Canada, [2021] A.J. No. 562, 2021 ABQB 303, Alberta Court of Queen’s Bench, April 21, 2021, B.B. Johnston J. The insured ...
Insurance law – Property insurance – Proof of loss – Duties and liabilities of insurer – Practice – Breach of contract – Notice – Appeal – Standard of review Westland Insurance Co. v. Pounden, [2021] B.C.J. No. 783, 2021 BCCA 156, British Columbia Court of Appeal, April 16, 2021, M.E. Saunders, S.D. Frankel and J. ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...
