Appraisal process barred further litigation of insurance indemnity claims

18. August 2016 0
Insureds’ claims for indemnity under insurance policies were barred because of the previous appraisal process under Statutory Condition 11 and Section 128 of the Insurance Act. Insurance law – Policies and insurance contracts – Multi-peril policy – Property insurance – Damages – Statutory conditions – Mandatory appraisal – Bad faith – Limitation of actions – ...

Ontario court determines insured’s claim for “underinsured” coverage under Family Protection Coverage endorsement

A statutory cap on damages recoverable in a motor vehicle accident results in an insured being “underinsured” pursuant to the OPCF 44R Family Protection Coverage endorsement in Ontario to the extent damages exceed that cap. Insurance law – Automobile insurance – Coverage – Underinsured motorist – Interpretation of policy – Statutory provisions – Jurisdiction – ...

Claim for unidentified motorist’s coverage denied under insured’s policy of motor vehicle insurance

On summary judgment application court dismissing insured’s claim for coverage under the unidentified driver provisions of his policy of motor vehicle insurance. Insurance law – Automobile insurance – Unidentified motorist Ding (Litigation Guardian of) v. John Doe, [2016] O.J. No. 1393, 2016 ONSC 1690, Ontario Superior Court of Justice, March 15, 2016, S.N. Lederman J. The action arose out of a motor vehicle accident. ...

Marketability of a property is affected by municipal work orders even if they are not registered against title of the property

19. January 2016 0
Municipal work orders do not need to be registered against title to affect the marketability of the property. Insurance law – Title insurance – Policies and insurance contracts – Interpretation of policy – Coverage – Indemnity – Municipal work orders – Ownership of property MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, 2015 ...

Insured who suffered injury two days prior to expiration of waiting period was not entitled to benefits under a Group insurance policy

19. January 2016 0
There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy. Insurance law – Accident and sickness insurance – Group insurance – Interpretation of policy – Benefits – Waiting period – Total disability – Entitlement to benefits – Disability insurance – Exclusions Funk ...

Insurer has a duty to defend insured in an action brought against insured with respect to alleged negligent manufacture of trusses

Insurance law – Commercial general liability insurance – Pleadings – Underlying action – Duty to defend – Coverage – Property damage – Occurrence – Accident – definition – Defective workmanship Selk Ventures Corp. v. Canadian Northern Shield Insurance Co., [2015] B.C.J. No. 1173, 2015 BCSC 964, British Columbia Supreme Court, June 5, 2015, T.M. McEwan J. ...

Condominum policy insuring against damage to common property and units within the building covers water damage necessitating repairs to interior surfaces of unit such as paint and flooring

Insurance law – Property insurance – Policies and insurance contracts – Strata corporations – Bylaws – Adjacent units – Unit – definition – Interpretation of policy – Statutory provisions – Exclusions Alberta Residential Corp. v. Certain Lloyd’s Underwriters Subscribing to Authority Agreement no. YF091589, [2015] A.J. No. 618, 2015 ABCA 195, Alberta Court of Appeal, June ...