Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, 2017 BCSC 1762, British Columbia Supreme Court, October 2, 2017, M.B. Blok J. The insured brought a claim against ICBC for indemnity under her policy of ...
Insurer found to have duty to defend insured in third party proceedings in which it was alleged the insured had breached its contract with the defendant, the Court finding the plaintiff’s claim against the defendant was in negligence and therefore the third party claim could be established on the grounds of negligence. Insurance law – ...
Insurer found not to have a duty to defend the insureds in an action in which it was alleged they supplied defective grape vines based on three exclusions in a “Business Choice” commercial general liability policy Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Damages Mori-Vines Inc. v. Northbridge ...
Insurance law – Liability insurance – Duty to defend – Additional named insured – Practice – Underlying action Brookfield Johnson Controls Canada LP (c.o.b. Brookfield Global Integrated Solutions) v. Continental Casualty Co., [2017] O.J. No. 5173, 2017 ONSC 5978, Ontario Superior Court of Justice, October 5, 2017, J.E. Ferguson J. The insured sought a declaration ...
Ontario Court of Appeal declines to rule on merits of an appeal in light of an apparent conflict of interest between the insured’s counsel and the insured, given the insured’s counsel had brought an appeal of a decision finding there was no coverage under two additional policies of insurance which, if upheld, would likely result ...
Motion seeking dismissal of a claim against a subcontractor because same losses were claimed in separate claim against builder’s risk insurer dismissed. All-risk insurance – Builder’s risk policy – Breach of contract Freyssinet Canada Ltée v. Dragados Canada Inc., [2017] O.J. No 3509, 2017 ONSC 3914, Ontario Superior Court of Justice, July 5, 2017, E.M. Morgan J. ...
Plaintiff landlord precluded from claiming against defendant tenant for losses arising from a fire due to a covenant to insure in the lease. Property insurance – Fire insurance – Landlord and tenant – Subrogation Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2017] O.J. No. 3493, 2017 ONSC 3982, Ontario Superior Court of ...
A general statement of the purpose of an examination under oath is sufficient notice under s. 33(2) of the Statutory Accident Benefits Schedule under Ontario’s Insurance Act. Automobile insurance – Statutory Accident Benefits Schedule – Appeals – Policies and insurance contracts – Rights and duties of insurer – Statutory provisions Aviva Insurance Co. of Canada ...
Insured entitled to coverage under Alberta Standard Automobile Policy SPF #1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy – Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court ...
