Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2020] A.J. No. 491, 2020 ABCA 161, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar ...
Insurance law – Medical travel insurance – Breach of good faith – Damages – Special damages – Punitive damages – Costs – Special and increased costs Stewart v. Lloyd’s Underwriters, [2020] B.C.J. No. 722, 2020 BCSC 669, British Columbia Supreme Court, April 30, 2020, B.J. Norell J. The insurer was found to have wrongfully denied ...
A pedestrian was covered under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse’s use at the time of the accident. Insurance law – Automobile insurance – Statutory Accident Benefits – Interpretation of policy – Uninsured motorist – Practice – Appeals Murphy v. Savoie, [2019] O.J. No. 5004, 2019 ONCA 784, Ontario ...
Insurer not estopped from denying coverage when it acted soon after obtaining new information and there was no prejudice to insured. Insurance law – Automobile insurance – Statutory provisions – Impaired driver – Breach of policy – Estoppel – Practice – Appeals – Discovery Bradfield v. Royal Sun Alliance Insurance Co. of Canada, [2019] O.J. No. ...
An ATV and a dirt bike involved in accidents outside of Ontario were considered automobiles within the meaning of the provisions for statutory accident benefits under Ontario legislation. Insurance law – Automobile insurance – Statutory Accident Benefits – Uninsured motorist – Automobile, definition – Interprovincial issues – Practice – Appeals Benson v. Belair Insurance Co., [2019] O.J. No. 5437, 2019 ONCA 840, ...
The additional insured on a CGL policy was not entitled to coverage because the loss did not arise from the named insured’s operations. The additional insured also failed to establish bad faith against the insurer, negligence against the broker, and bad faith against the broker. Insurance law – Commercial general liability insurance – Interpretation of ...
The insured’s claim for property damage was excluded from coverage by the policy’s illegal drug operations exclusion. Insurance law – Property insurance – Exclusions – Illegal acts – Landlord and tenant – Actions – Limitation of actions – Practice – Summary judgments Lafferty v. Co-Operators General Insurance Co., [2019] A.J. No. 907, 2019 ABQB 515, Alberta ...
Insurance law – Business interruption insurance – Exclusions – Rights and duties of insured – Practice – Summary judgments Cancarb Ltd. v. Ace Ina Insurance, [2019] A.J. No. 449, 2019 ABQB 258, Alberta Court of Queen’s Bench, April 12, 2019, Master J.T. Prowse The insured operated a steam turbine and sold electric power to a ...
Insurance law – Commercial general liability insurance – Builder’s risk policy – Exclusions – Interpretation of policy – Practice – Summary judgments Pre-Eng Contracting Ltd. v. Intact Insurance Co., [2019] O.J. No 1812, 2019 ONSC 1700, Ontario Superior Court of Justice, April 10, 2019, P. Bawden J. The insured’s builder’s risk insurer and commercial general liability ...
