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View all posts by Cameron Elder

A claim for negligent treatment of injuries suffered in a motor vehicle accident may be statute barred in Saskatchewan

22. January 2009 0
Cameron Elder Posted by Cameron Elder
Saskatchewan’s Automobile Accident Insurance Act bars a claim for damages against physiotherapists where the original injuries arose out of or stemmed from a motor vehicle accident. Hill v. Saskatchewan Government Insurance, [2008] S.J. No. 662, Saskatchewan Court of Queen’s Bench, R.L. Barclay J., October 23, 2008

The settlement exclusion clause in an all-risk policy may be limited to settlement caused solely by natural causes

18. January 2009 0
Cameron Elder Posted by Cameron Elder
In an all-risk property insurance policy “settlement exclusion” excludes earth settlement caused by natural causes only. Engle Estate v. Aviva Insurance Co. of Canada, [2008] A.J. No. 1193, Alberta Court of Queen’s Bench, G.C. Hawco J., October 21, 2008

Injuries incurred during a robbery involving a motor vehicle are covered by the motor vehicle policy

22. October 2008 0
Cameron Elder Posted by Cameron Elder
The Court found that a motor vehicle used in commission of a robbery falls under use or operation of a motor vehicle when a pedestrian victim is dragged by the shoulder strap of her purse suffering personal injuries after a passenger in a passing van reaches out of the window and grabs it. Hannah v. ...

An insurer has a duty to defend both covered and uncovered claims made against an insured

20. October 2008 0
Cameron Elder Posted by Cameron Elder
Insurer’s duty to defend is triggered even if only some allegations are covered claims under the policy. Insurer is not entitled to apportion defence costs if it is impractical to do so between covered and non-covered claims. A summary of this case also appears at MRB Lawyers blog. Day v. Wood, [2008] O.J. No. 3296, ...

Death resulting from huddling and piling must be defined in the policy in order to exclude coverage

16. October 2008 0
Cameron Elder Posted by Cameron Elder
Court finds for insured where definition of industry-specific terms found in exclusion clause not defined in policy. Fovant Farms Ltd. v. West Elgin Mutual Insurance C., [2008] O.J. No. 3309, Ontario Superior Court of Justice, K.J. Brooks Deputy J., July 16, 2008

An arsonist who burns down his house may be entitled to the insurance proceeds if he is insane

24. July 2008 0
Cameron Elder Posted by Cameron Elder
Whether the criminal-act exclusion applies in the context of an insured who is found not criminally responsible by reason of mental disorder is an issue that must be settled upon a full factual record at trial.  Mcleans wrote an interesting article on this decision: Who pays if the arsonist is insane?  This case was also ...

Damage to a car resulting from negligent repair may not be covered under an automobile policy

24. July 2008 0
Cameron Elder Posted by Cameron Elder
In determining whether a loss is caused by mechanical fracture, failure or break down of any part of a motor vehicle pursuant to s. 132(1) of the regulations under Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, only the nature of the damage is relevant to the inquiry.  The cause of the damage is relevant ...

A landlord may not be able to sue their tenant for a fire loss

22. July 2008 0
Cameron Elder Posted by Cameron Elder
When a landlord leases property to a tenant, the lease typically stipulates that the tenant pay for, or obtain, fire insurance.  If a fire occurs and the landlord recovers property damage under the fire insurance policy, neither the insurer nor the landlord can sue the tenant for damages.  For a more detailed discussion of this ...

Subrogated automobile claims may be brought in Ontario for property damage

21. July 2008 0
Cameron Elder Posted by Cameron Elder
The cargo insurer of a trailer damaged in a motor-vehicle accident was entitled to bring a subrogated action in the name of the insured against the defendant driver notwithstanding the direct compensation scheme set out in s. 263 of the Insurance Act, R.S.O. c. I.8. G.L. Gibbons Delivery Service Ltd. v. Jenkins, [2008] O.J. No. ...

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