In a personal injury action, the occupier of a premises was entitled to a partial defence under the liability policy of the contactor it hired to do snow maintenance. The contractor was entitled to a full defence under the liability policy of the subcontractor it hired to do the work.

19. May 2015 0
Insurance law – Liability insurance – Commercial general liability insurance – Duty to defend – Exclusions – Additional named insured – Pleadings – Underlying action Delcor Enterprises Ltd. v. Economical Insurance Group, [2015] M.J. No. 85, 2015 MBQB 49, Manitoba Court of Queen’s Bench, March 25, 2015, S.D. Greenberg J. The plaintiff was injured when she slipped on ...

Coverage under an all risk policy of property insurance for damage caused by ground movement and expansion, cracking, and shifting of the insured building which resulted from freezing of leaking water was excluded by exclusions for damage caused directly or indirectly by expansion and freezing, but not by an exclusion for damage caused by earth movement

19. May 2015 0
Insurance law – All-risk insurance – Property insurance – Soil movement – Earth settlement – Exclusions – Interpretation of policy Wynward Insurance Group v. MS Developments Inc., [2015] B.C.J. No. 561, 2015 BCSC 324, British Columbia Supreme Court, March 4, 2015, P. Rogers J. The insureds were the owners and operators of a restaurant and pub ...

A decision that an insurer’s denial of benefits provided incomplete reasons for the denial as it did not enclose the report of a medical examiner relied on for the denial and that the limitation period did not start to run was held to be reasonable on judicial review

17. February 2015 0
Insurance law – Arbitration – Mediation – Statutory provisions – Medical examination – Procedural requirements – Limitation of actions – Running of limitation period – Automobile insurance – Benefits – Statutory Accident Benefits – Appeals – Standard of review Allstate Insurance Co. of Canada v. Klimitz, [2014] O.J. No. 5943, 2014 ONSC 7108, Ontario Superior ...

Soil that is contaminated by a heating oil spill is not insured property under a policy of property insurance. Further, the doctrine of imminent peril does not apply to the clean-up costs as the risk of oil vapours is not an imminent peril and damage is not inevitable.

17. February 2015 0
Insurance law – Property insurance – Vandalism – Coverage – Interpretation of policy – Exclusions – Imminent peril – Definition – Pleadings – Underlying action Garden View Restaurant Ltd. v. Portage La Prairie Mutual Insurance Co., [2014] N.S.J. No. 675, 2014 NSSC 447, Nova Scotia Supreme Court, December 22, 2014, M. Stewart J. The plaintiff ...