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 ...
Insurance law – Automobile insurance – Damages – Benefits – Deductibility Portage LaPrairie Mutual Insurance Co. v. Sabean, [2015] N.S.J. No. 230, 2015 NSCA 53, Nova Scotia Court of Appeal, June 4, 2015, D.R. Beveridge, M.J. Hamilton and J.E. Scanlan JJ.A. The Nova Scotia Court of Appeal considered whether future Canada Pension Plan disability benefits were ...
Insurance law – Automobile insurance – Jurisdiction – Location of contract – Conflict of laws – Choice of law – Forum of necessity Romanko v. Nettina, [2014] O.J. No. 6491, 2014 ONSC 5153, Ontario Superior Court, September 8, 2014, S.T. Bale J. The insureds Ontario residents were injured in a motor-vehicle accident while driving in ...
Decision granting summary judgment dismissing insured’s action was upheld on basis that insured did not meet qualifying conditions of disability policy and commenced action more than two years after becoming aware of disability. Insurance law – Disability insurance – Long term disability benefits – Proof of disability – Policies and insurance contracts – Limitation of ...
