Insurance law – All-risk insurance – Property insurance – Covenant to insure – Bailment – Interpretation of policy – Exclusions – Subrogation Sanofi Pasteur Ltd. v. UPS SCS Inc., [2015] O.J. No. 577, 2015 ONCA 88, Ontario Court of Appeal, February 9, 2015, A. Hoy A.C.J.O., J.M. Simmons and M.H. Tulloch JJ.A. The respondent and ...
Insurance law – Conflict of laws – Choice of law – Automobile insurance – Unidentified motorist – Uninsured motorist – Jurisdiction – Location of contract Forsythe v. Westfall, [2015] O.J. No. 509, 2015 ONSC 758, Ontario Superior Court of Justice, February 2, 2015, P.M. Perell J. The plaintiff was injured while riding as a passenger ...
Insurance law – Actions – Res judicata – Policies and insurance contracts – Interpretation of policy – Coverage – Subrogation – Restitution Haromszeki v. McCulloch, [2013] O.J. No. 6437, Ontario Superior Court of Justice Small Claims Court, October 23, 2013, G. Barycky Deputy J. The insurer brought a subrogated claim against a defendant who had damaged ...
An insured’s application for benefits under a policy issued to his employer, submitted two and a half years after the deadline, was considered timely because the insured had not been provided with the policy or claims documents by his employer. Nguyen v. SSQ Life Insurance Co., [2014] O.J. No. 5253, November 4, 2014, Ontario Superior ...
An insurer’s obligation to indemnify an insured under a liability policy constituted a debt subject to garnishment. Abuzour v. Heydary, [2014] O.J. No. 5199, October 28, 2014, Ontario Superior Court of Justice, M.A. Penny J.
An owner of a vehicle who forbids another person from driving the vehicle on the highway is still vicariously liable for that drive because the owner had consented to the driver having possession of the vehicle. Fernandes v. Araujo, [2014] O.J. No. 5248, 2014 ONSC 6432, Ontario Superior Court of Justice, November 4, 2014, P.M. Perell J.
After thoroughly reviewing the law on the defintion of “accident”, the court concluded the insured’s foolish attempt to take-off with only one functioning engine in a two-engine aircraft, resulting in a crash, was still an accident. Van Berlo v. Aim Underwriting Ltd., [2014] O.J. No. 3885, August 19, 2014, Ontario Superior Court of Justice, V. ...
A clause excluding coverage for damage arising out of the operation of attached equipment did not apply where the equipment was in use but not being directly controlled at the time of the accident. Dadey v. Insurance Corp. of British Columbia, [2014] B.C.J. No. 2118, August 15, 2014, British Columbia Supreme Court, R.W. Jenkins J.
Contrary to the trend towards tolerancy in setting aside default judgments, an insurer’s motion to set aside default judgment was dismissed. Kisel v. Intact Insurance Co., [2014] O.J. No. 3812, August 18, 2014, Ontario Supreme Court of Justice, P.M. Perrell. J.
