Innocent plaintiff denied coverage due to marijuana exclusion clause

09. February 2021 0
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 ...

Insured driver’s failure to take steps to ascertain the negligent driver’s identity may have been reasonable

10. November 2020 0
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 ...

No coverage where insured failed to prove smoke damage

10. November 2020 0
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 ...

The court of appeal instructed defence counsel to follow protocols and safeguards when acting for two primary insurers

11. August 2020 0
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 ...

Error to conflate a master insurance policy for all members with a member’s individual certificate of insurance

11. August 2020 0
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 ...

An insured settled with a facility owner for fire damages caused by an error in the insured’s work. The insured’s CGL policy indemnified the insured for the insured’s losses as “compensatory damages for property damage”

12. February 2019 0
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 ...

A passenger who suddenly and without warning grabs the steering wheel while moving, causing an accident, is not covered by the driver’s insurance policy because the passenger did not have the insured driver’s consent to drive

12. February 2019 0
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 ...

In a claim for unidentified motorist protection coverage, the limitation period does not begin to run until the plaintiff makes an indemnification demand and the responding insurer fails to satisfy that demand

09. October 2018 0
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 ...