Application by the insured for coverage under an insurance policy issued by Zurich Insurance Company was allowed. The policy insured a Caterpillar D6R owned by the insured, which was stolen from a job site. Although at the time of the loss the property was “on rental”, as that term is intended in the policy, it ...
Application by Brent Wormell (Wormell) for a declaration that I.C.B.C. pay him the amount of a judgment obtained against I.C.B.C.’s insured, Bradley Hagen (“Hagen”), was allowed. The loss arose out of the use and operation of Hagen’s motor vehicle. Although the outriggers were extended at the time of the loss, the truck did not cease to ...
Appeal by the insured from the trial judge’s decision finding no coverage under an automobile policy was allowed. The judge interpreted the terms of the automobile policy too narrowly. A broad interpretation of the words “hit or struck by” entitled the insured to coverage for her injuries, which were sustained when she walked into a ...
A vessel was found to be a “waterborne object” for purposes of “windstorm or hail” exclusion clause. Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 296, January 7, 2010, Nova Scotia Supreme Court, J.D. Murphy J.
Insurer’s motion for dismissal of a third party claim against it was allowed. The insured’s claim for indemnity was premature and was struck out. The claim against the insured, a tenant, by the landlord, did not trigger the duty to defend. The landlord’s claim clearly arose in respect to the tenant’s actions and omissions with ...
Application for indemnity under Insurance Corporation of British Columbia (“ICBC”) policy, for losses sustained in a logging accident, was denied. There was a material misrepresentation in the application for coverage and consequently the insured’s coverage was forfeited pursuant s. 19(1)(b)(c) of the Insurance (Motor Vehicle) Act. The insured did not prove on a balance of ...
Application by insured for judgment against insurer for breach of contract allowed. The insured’s claim for damage sustained when the pipes in the home burst was not excluded under the policy. Although the loss occurred during the “usual heating season”, the hot-tub room in which the pipes were located was not an “unheated portion of ...
Appeal by the insurer from a jury’s award of punitive damages dismissed. By not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s ...
An action by the insured for payment under a hail insurance policy asking that the amount of loss as determined by the Umpire be set aside and a new amount inserted was dismissed as the court found that a statutory condition of the Saskatchewan Insurance Act was binding on the insured. deBalinhard v. Butler Byers ...
