Damage from an insured peril to a roof triggered municipal inspections which revealed the strength of the roof in undamaged areas required upgrading. The increased cost of repairing the roof fell within coverage under the bylaw provision. Insurance law – Property insurance – Coverage – Chain of causation – By-law coverage – Exclusions 954470 Alberta ...
The exception for resulting damage was read in to the exclusion clause for “the cost of faulty workmanship” where the exclusion clause was silent on the resulting damage. Insurance law – Property insurance – Homeowner’s insurance – Policies and insurance contracts – Interpretation of policy – Exclusions – Exceptions – Defective workmanship – Resulting damage ...
Despite language indicative of the “material contribution” causation test, the legal causation test for statutory accident benefits is the “but for” test. Insurance law – Automobile insurance – Benefits – No-fault accident benefits – Medical and rehabilitation expenses – Causation – test – Evidence – Standard of proof – Statutory provisions – Statutory interpretation Kozhikhov ...
A contractual one year limitation period which began to run from the date the “loss or damage” occurred applied to bar an insured’s action against an insurer seeking a declaration that it owed the insured a defence. Insurance law – Homeowner’s insurance – Policies and insurance contracts – Duty to defend – Limitation of actions ...
An insurer was obligated to pay for the increased cost of repairs due to the additional work required under the Building Code. The relevant exclusion clause did not apply because it only excluded repairs relating to “by-laws” and the Building Code was not considered a “by-law”. Insurance law – Homeowner’s insurance – Property insurance – ...
A subrogated claim against an individual and corporate entities was dismissed after the court found both the defendants and the plaintiff were the common employers of the individual who actually started the fire. Insurance law – Fire insurance – Policies and insurance contracts – Unnamed insured – Subrogation – Right of insurer to subrogation – ...
A covenant to insure operated to bar a subrogated claim against a subcontractor. A subcontractor was also considered an unnamed insured even though the policy did not contain any wording expanding the definition of an insured beyond that of the named insured. Insurance law – All-risk insurance – Policies and insurance contracts – Coverage – ...
An insurer cannot rely on the common law concept of an insurable interest to deny coverage for statutory insurance. Insurance law – Automobile insurance – Actions – Ownership of vehicle – Statutory provisions – Insurable interest Young v. Saskatchewan Government Insurance, [2015] S.J. No. 207, April 30, 2015, Saskatchewan Provincial Court, D.J. Kovatch Prov. Ct. ...
Where an insurer insures both the tortfeasor for liability coverage and the victim for accident benefits, the insurer should set up a firewall so that information gathered by it regarding the accident benefits claim is not available in the tort action. Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Conflict ...
