Insured’s application for declaration of coverage under homeowner’s policy not suitable for determination under summary trial rule

13. November 2018 0
Insurance law – Homeowner’s insurance – Coverage – Exclusions – Water damage – Practice – Summary judgment vs. trial Cotter v. Dominion of Canada General Insurance Co., [2018] B.C.J. No. 3136, 2018 BCSC 1527, British Columbia Supreme Court, September 5, 2018, D.C. MacDonald J. The insured brought an application for a declaration that he was ...

No reversible error found in motion judge’s refusal to dismiss bad faith claim against insurer on summary judgment application

14. August 2018 0
Insurance law – Bad faith – Rights and duties of insurer – Practice – Summary judgment – Settlement 3746292 Manitoba Ltd. v. Intact Insurance Co., [2018] M.J. No. 128, 2018 MBCA 59, Manitoba Court of Appeal, May 17, 2018, B.M. Hamilton, C.J. Mainella and J.A. Pfuetzner JJ.A. The Manitoba Court of Appeal heard an appeal ...

Physical contact with unidentified vehicle required for coverage under SEF No. 44 Endorsement in Alberta

14. August 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy – Appeals Funk v Wawanesa Mutual Insurance Co., [2018] A.J. No. 669, 2018 ABCA 200, Alberta Court of Appeal, May 25, 2018, R.L Berger, F.F. Slatter and P.A. Rowbotham JJ.A. The Alberta Court of Appeal considered whether the SEF No. 44 Endorsement on a ...

Landlord’s insurer entitled to subrogate against tenant notwithstanding language of lease that gave tenant benefit of landlord’s insurance where lease included exception for damage caused by tenant’s negligence

14. August 2018 0
Insurance law – Property insurance – Subrogation – Fire – Landlord and tenant – Commercial tenancy – Leases, share of insurance cost – Appeals – Special case Royal Host Limited Partnership v. 1842259 Ontario Ltd., [2018] O.J. No. 2643, 2018 ONCA 467, Ontario Court of Appeal, May 18, 2018, A. Hoy A.C.J.O., R.G. Juriansz and ...

Elevator maintenance company required to defend owner and property manager of building based on covenant to insure in contract with property manager

08. May 2018 0
Insurance law – Property insurance – Covenant to insure – Additional named insured – Duty to defend Henry v. Thyssenkrupp Elevator (Canada) Ltd., [2018] O.J. No. 1391, 2018 ONSC 1659, Ontario Superior Court of Justice, March 14, 2018, J.F. Diamond J. The plaintiff sued the owner, property manager, and elevator maintenance company of a residential ...

Insurer has a duty to defend its insured due to a possibility the insured would be liable for compensatory damages the insured had assumed under a contract

08. May 2018 0
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Appeals Creative Door Services Ltd. v. Axa Pacific Insurance Co., [2018] A.J. No. 292, 2018 ABCA 98, Alberta Court of Appeal, March 13, 2018, C.A. Fraser C.J.A., P.T. Costigan and M.G. Crighton JJ.A. The insurer appealed an order that it was ...

Insurer not entitled to pursue subrogated action in name of insured who was an undischarged bankrupt at time action was commenced

08. May 2018 0
Insurance law – Homeowner’s insurance – Right of insurer to subrogation – Practice – Appeals Douglas v. Stan Fergusson Fuels Ltd., [2018] O.J. No. 1266, 2018 ONCA 192, Ontario Court of Appeal, March 9, 2018, A. Hoy, A.C.J.O., P.S. Rouleau, C.W. Hourigan, M.L. Benotto and L.B. Roberts JJ.A. An insurer brought a subrogated action in ...

Insurer entitled to rectification of life insurance policy showing, in error, paid up value of $13.4 million

08. May 2018 0
Insurance law – Life insurance – Terms of policy – Rectification – Practice – Appeals Alguire v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial), [2018] O.J. No. 1099, 2018 ONCA 202, Ontario Court of Appeal, March 1, 2018, K.N. Feldman, E.A. Cronk and C.W. Hourigan JJ.A. The insured appealed from the dismissal of his action ...