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. ...
An insurer was sued by a person who suffered injuries as a result of mold and bacteria. The insured was denied coverage under his CGL policy, which stated that coverage was not provided for damages arising from mold. The insured was obligated to defend the insured because all of the damages could have been attributed to ...
In Manitoba, the law with respect to “use or operation” of an automobile in the context of no-fault insurance has not been changed by the recent Supreme Court of Canada decisions of Lumbermens Mutual Casualty Co. v. Herbison, 2007 SCC 47, and Citadel General Assurance Co. v. Vytlingham, 2007 SCC 46. The test to be ...
The insured owned an abattoir and meat processing plant which was destroyed by fire. It was insured for full replacement value. The plant could not be rebuilt due to a change in city zoning. The insurer sought to change the wording of the contract to provide the insured with the actual value of the plant ...
A fire burned down the student union building and the gym that was attached to the building. A dispute arose as to whether the losses sustained to the gym were covered by the CGL policy issued to the construction company. The property insurer brought an application for summary judgment. The court determined that it was ...
When a contractor expands an existing structure, the contractor’s insurance extends to the entire existing structure, such that an explosion caused by a contractor working on the expansion, that damages the existing the structure, is covered by the contractor’s insurance. Medicine Hat College v. Starks Plumbing & Heating Ltd., [2007] A.J. No. 1337, Alberta Court ...
Mr. Baig insured his car. It was damaged and he made a claim of insurance. The insurer refused to pay the claim so Mr. Baig commenced an action against his insurer to compel payment. The insurer attempted to examine Mr. Baig pursuant to Statutory Condition 6(4) of the policy of insurance. Mr. Baig refused to ...
