“No good deed goes uncovered”: Insurer ordered to indemnify floor damage caused by application of de-icer to prevent risk of slipping in freezing temperatures

13. April 2021 0
Insurance law – Builder’s risk policy – Subcontractors – Exclusions – Interpretation of policy – Practice – Leave to Appeal Sher-Bett Construction (Manitoba) Inc. v. Co-Operators General Insurance Co., [2021] M.J. No. 35, 2021 MBCA 10, Manitoba Court of Appeal, February 11, 2021, D.M. Cameron, K.I. Simonsen and L.T. Spivak JJ.A. The insured appealed the ...

Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment

12. January 2021 0
Ontario Court of Appeal upholds ruling that the plaintiff is not entitled to recover judgment against insurer after notice of action against insured was provided nine years after action was commenced. Insurance law – Actions – Third parties – Relief against forfeiture – Practice – Notice – Leave to appeal Svia Homes Ltd. v. Northbridge ...

Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy

12. January 2021 0
A claim for accidental death benefits was dismissed where the insured suffered a cardiac event and ultimately drowned while fishing. Insurance law – Accident and sickness insurance – Benefits – Exclusions – Pre-existing condition – Interpretation of policy Downey v. Scotia Life Insurance Co., [2020] A.J. No. 1118, 2020 ABQB 638, Alberta Court of Queen’s ...

Homeowner insurer under duty to defend insured with road rage

14. January 2020 0
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties –  Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...

Actions against insurers for bad faith handling of SABs claims are exclusively within the jurisdiction of the LAT

10. September 2019 0
The insured’s action against her insurer for bad faith handling of her SABs claim is barred by the dispute resolution provisions of section 280 of the Insurance Act. Insurance law – Automobile insurance – Statutory provisions – Bad faith – Damages – Punitive damages – Aggravated damages – Actions – Appeals Stegenga v. Economical Mutual Insurance Co., [2019] ...