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

19. May 2019 0
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

19. May 2019 0
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 ...

Builder’s risk policy does not apply to pre-existing property damaged by construction activity

19. May 2019 0
Insurance law – Property insurance – Builder’s risk insurance – Interpretation of policy – Exclusion – Practice – appeal Team Mechanical Construction Ltd. v. Viking Fire Protection Inc., [2019] N.J. No. 73, 2019 NLCA 13, Newfoundland and Labrador Court of Appeal, March 6, 2019, J.D. Green C.J.N.L., B.G. Welsh and F.P. O’Brien JJ.A. The insurer appealed ...

Insured operating cold storage business entitled to defence with respect to claim by customer for damages arising from loss of products

12. February 2019 0
Insurance law – Commercial general liability insurance – Exclusions – Duty to defend – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2018] A.J. No. 1470, 2018 ABQB 997, Alberta Court of Queen’s Bench, December 7, 2018, N. Dilts J. The Alberta Court of Queen’s Bench heard an appeal by the ...

Insureds entitled to benefit of previous life insurance policy where subsequent replacement policy voided for misrepresentation

12. February 2019 0
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Practice – Summary judgments Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, Alberta Court of Queen’s Bench, November 22, 2018, G.S. Dunlop J. The insureds brought a summary trial application seeking a declaration as ...

A sandbar is not a highway

12. February 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Statutory provisions – Practice – Appeals – Summary judgments Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482, British Columbia Court of Appeal, December 20, 2018, S.D. Frankel, K.C. Mackenzie and D.C. Harris JJ.A. The British Columbia Court of Appeal heard ...

Ontario Court of Appeal allows appeal of order dismissing representative plaintiffs’ certification motion in proposed class action lawsuit in respect to sale of life insurance policies

13. November 2018 0
Insurance law – Life insurance – Misrepresentation – Interpretation of policy – Class actions – Certification – Limitation periods – Practice – Summary judgments – Appeals Fehr v. Sun Life Assurance Co. of Canada, [2018] O.J. No. 4513, 2018 ONCA 718, Ontario Court of Appeal, September 5, 2018, G.R. Strathy C.J.O., C.W. Hourigan and B. ...