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 ...
A general contractor had a commercial general liability insurance that contained a clause that excluded coverage for property damage caused by the general contractor. The property being developed suffered substantial damages and the developer sued the general contractor and a number of sub contractors. A contentious issue was whether one of defendants was a sub ...
A man insured under a standard Ontario automobile insurance policy injured his son while go-karting. His son sued him and the operator of the go-kart track for injuries suffered in the accident. The father sued his automobile insurer for coverage under his automobile policy. A motion’s judge determined that a go-kart did not constitute an ...
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle. ...
