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 ...

Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies

13. February 2018 0
Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Costs – Special costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2017] B.C.J. No. 2670, 2017 BCSC 2397, British Columbia Supreme Court, December 29, 2017, DeWitt-Van Oosten J. The insureds were sued for damages allegedly due to the migration ...

Mortgagor’s claim to proceeds of fire loss paid out under standard mortgage clause took priority over CRA’s claim due to mortgagee’s tax liability

13. February 2018 0
Insurance law – Mortgages – Standard mortgage clause – Priority coverage Travelers Canada v. Elite Builders Inc., [2017] N.J. No. 432, 2017 NLTD(G) 214, Newfoundland and Labrador Supreme Court – Trial Division – General Division, December 22, 2017, G.L. Murphy J. A dispute arose between the Canada Revenue Agency (“CRA”) and a mortgage lender over ...

Insured’s soft-tissue injuries did not amount to “permanent serious impairment of an important physical, mental, or psychological function” and therefore award of general damages by jury disallowed

13. February 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Statutory obligations – Damages – Permanent impairment, definition – Damages – Jury trials Nadarajah v. Aviva Canada Inc., [2017] O.J. No. 6571, 2017 ONSC 7522, Ontario Superior Court of Justice, December 18, 2017, P.J. Monahan J. The insured brought a claim for damages arising out of a motor ...