Tell your life insurer about your diabetes

10. March 2020 0
Insurance law – Life insurance – Misrepresentation by insurer – Practice – Summary judgments Kulp Estate v. Cumis Life Insurance, [2019] O.J. No. 6541, 2019 ONSC 7495, Ontario Superior Court of Justice, December 23, 2019, W.U. Tausendfreund J. The insurer brought a summary judgment motion to dismiss the insured’s claims on the basis that there ...

Don’t wait nine years to give your insurer notice of a claim

10. March 2020 0
Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers ...

Insurer potentially liable for broker’s negligence

13. August 2019 0
Insurance law – Homeowner’s insurance – Business exclusion – Agents and brokers – Failure to advise of exclusion clauses – Vicarious liability – Breach of contract – Practice – Summary judgments Lynk v. Cooperators General Insurance Co., [2019] A.J. No. 746, 2019 ABQB 417, Alberta Court of Queen’s Bench, June 5, 2019, J.M. Ross J. The defendant ...

Decision addressing distribution of insurance proceeds where insufficient funds to satisfy all judgments and settlements arising out of a MVA

Insurance law – Automobile insurance – Third parties – Excess liability – Practice – Settlement of action House (Litigation Guardian of) v. Baird, [2019] O.J. No. 1312, 2019 ONSC 1712, Ontario Superior Court of Justice, March 15, 2019, C.D. Braid J. The parties to a series of claims arising out of a motor vehicle accident sought ...

Named beneficiary obtained summary judgment against estate of business partner for proceeds of key man insurance

Insurance law – Life insurance – Key man insurance – Beneficiaries – Practice – Summary judgments – Appeal – Evidence Brown v. Laurie, [2019] O.J. No. 1164, 2019 ONCA 175, Ontario Court of Appeal, March 6, 2019, J.M. Simmons, M.H. Tulloch and D.M. Brown JJ.A. The defendant/appellant appealed a partial summary judgment granted in favour of ...