Insurer relies on marijuana exclusion clause to effectively deny coverage to an innocent homeowner whose property was destroyed by renters, prior to Insurance Act s.129.1 protection amendment for innocent persons coming into force. Insurance law – Homeowner’s insurance – Exclusions – Statutory provisions – Innocent insured – Co-insurance – Interpretation of legislation – Retrospective application ...
Insurance law – Automobile insurance – Unidentified motorist – Damages – Practice – Summary judgment v trial Lamb v. Co-operators General Insurance Co., [2020] O.J. No. 3492, 2020 ONSC 4955, Ontario Superior Court of Justice, August 19, 2020, J. Stribopoulos J. The insured commenced an action for damages she suffered when an unidentified motorist struck ...
Insurance law – Automobile insurance – Conviction of dangerous driving – Exclusions – Statutory provisions – Third parties – Damages – Practice – Summary judgments Vyas v. Brown, [2020] O.J. No. 3464, 2020 ONSC 4916, Ontario Superior Court of Justice, August 4, 2020, S. O’Brien J. The insured was driving on a highway at a ...
Insurance law – Commercial general liability insurance – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments – Evidence – Expert evidence Sidhu (c.o.b. Prosperity Electric) v. Aviva Insurance Co. of Canada, [2020] B.C.J. No. 1240, 2020 BCSC 1171, British Columbia Supreme Court, August 7, 2020, S.C. Fitzpatrick J. The insured ...
Insurance law – Commercial general liability insurance – Multiple policies – Excess liability – Additional named insured – Conflict of interest between insurer and insured – Appointment and instruction of counsel – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March ...
Insurance law – Liability insurance – Professional negligence – Duty to defend – Third parties – Interpretation of policy – Multiple policies – Same insurer – Insurer – Rights, duties and liabilities – Practice – Appeals Van Huizen v. Trisura Guarantee Insurance Co., [2020] O.J. No. 1182, 2020 ONCA 222, Ontario Court of Appeal, March ...
Insurance law – Commercial general liability insurance – Builder’s risk – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments Community Electric Ltd. v. Sun Alliance Insurance Co., [2018] S.J. No. 484, 2018 SKQB 319, Saskatchewan Court of Queen’s Bench, November 20, 2018, G.M. Currie J. The insured applied for summary ...
Insurance law – Automobile insurance – Care custody or control of motor vehicle – Underinsured motorist – Uninsured motorist – Third parties – Bad faith – Practice – Summary judgments McKay v. Park, [2018] O.J. No. 6521, 2018 ONSC 7346, Ontario Superior Court of Justice, December 7, 2018, H. McArthur J. This summary judgment motion ...
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions Rooplal v. Fodor, [2018] O.J. No. 4460, 2018 ONSC 4985, Ontario Superior Court of Justice, August 20, 2018, V.R. Chiappetta J. The insurer provided unidentified motorist coverage under the Insurance Act, R.S.O. 1990, C. I.8, s.265. The plaintiff applied for leave to add ...