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 – ...
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. ...
Insurer was obligated to pay a loss of rental income claim under a property insurance policy following a fire because the tenant was under no obligation to pay rent after the fire. Insurance law – Property insurance – Landlord and tenant – Business interruption insurance – Loss of income – Leases 224981 Ontario Inc. v. ...
Insured was held not to have known of the existence of a marijuana grow operation on her rented premises. Insurance law – Property insurance – Fire insurance – Policies and insurance contracts – Statutory conditions – Void policy – Exclusions – Material non-disclosure – Misrepresentation in obtaining insurance – Material change in risk – Rights ...
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 ...
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 ...
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. ...
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 ...
