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
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
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. ...
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, ...
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
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 ...
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 ...
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 ...
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. ...
