Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Insurance law – Automobile insurance – Actions – Benefits – Limitation of actions Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of ...
Insurance law – Disability insurance – Total disability – Group insurance – Long term disability benefits – Limitation of actions – Running of limitation period Todd v. Felton Brushes Ltd., [2016] O.J. No. 4546, 2016 ONSC 5252, Ontario Superior Court of Justice, August 30, 2016, T.R. Lofchik J. The insured commenced an action against a ...
Insurance law – Automobile insurance – Ownership, use or operation of motor vehicle – Statutory provisions Prosofsky v. Insurance Corp. of British Columbia, 2016] B.C.J. No. 1829, 2016 BCSC 1586, British Columbia Supreme Court, August 29, 2016, H. Hyslop J. The insured sought reinstatement of rehabilitation benefits that had been cut off by the insurer. ...
Faulty workmanship exclusion in builder’s risk policy excludes only the actual cost of redoing the faulty work. Insurance law – All-risk insurance – Builder’s risk policy – Policies and insurance contracts – Coverage – Exclusions – Interpretation of policy – defective workmanship – Resulting damage – Contra proferentum rule – Appeals – Standard of review ...
Title insurance provider was required to indemnify a lawyer for costs in defending a claim arising under title insurance policy pursuant to indemnity obligation set out in correspondence with Law Society of Upper Canada. Insurance law – Title insurance – Interpretation of policy Small v. Chicago Title Insurance Co., [2016] O.J. No. 3131, 2016 ONSC 3876, Ontario Superior ...
Participants in Stanley Cup Riot were not jointly and severally responsible for all the damage caused to vehicles insured by ICBC during the riot. Insurance law – Automobile insurance – Actions – Intentional acts – Vandalism – Joint and several liability – Conversion – Damages – Punitive damages Insurance Corp. of British Columbia v. Alexander, [2016] ...
In a trademark infringement claim coverage for “advertising injury” was not clearly excluded by “Expected or Intended Advertising Injury or Personal Injury” or “Intellectual Property Laws Or Rights” exclusions in liability policy. Insurance law – Commercial general liability insurance – Advertising injury – Intellectual property – Duty to defend – Exclusions Royal & Sun Alliance ...
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 – ...
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 – ...
