An application by the Insured for an order declaring that the Insurer defend and indemnify him and that he be permitted to appoint counsel of his choice was allowed. The Court found that the issue of the Insurer’s duty to defend and indemnify was res judicata, having already been decided in favour of the Insured on ...
The action by the Insured owner of a condominium against an Insurer under All-Risks Property Damage and Business Interruption policy was allowed in part. The Court held that nine of the claims were subject to only one deductible because they all arose from one occurrence of illegal drug activity. However, separate deductibles attached to each of the ...
This is an action bought by the Plaintiff homeowners after they were denied coverage by the Defendant insurer for damage to their home caused by a leaky water main. The Court held that the exclusion clause under the policy applied. The claim was dismissed and the Defendant was awarded costs. Buchanan v. Wawanesa Mutual Insurance ...
Mr. Teap had been involved in six at-fault motor vehicle accidents. When renewing the insurance on his 2000 BMW under his company name, he stated that there was no principal operator assigned to the BMW. After an investigation following subsequent damage to his car, ICBC denied coverage. The Judge found that Teap knowingly misrepresented that there would be ...
Dunn, an executive covered by a Liability and Indemnification policy issued by Chubb with a policy period commencing November 1999, sought to have defence costs in respect of allegations of fraud and misconduct that took place in 2001, as well as misconduct allegations that took place in 2002/2003 paid for by Chubb. The claim was dismissed. ...
This is a motion by two Defendants in two cases with the same factual matrix arising out of the same event to have the second action struck. The two Plaintiffs are the same in the first action, with one of those Plaintiffs becoming a Defendant in the second action. The motion was dismissed and the actions were ...
Lombard Canada Limited, whose policy on the Insured expired two months prior to an accident, was found to be liable to pay benefits as it was the first insurer in receipt of a benefits application. Under a no-fault statutory insurance scheme, whereby an insured party is entitled to compensation for a portion of financial loss ...
The Plaintiff, Golic, was injured in an motor vehicle accident in 1995. He received benefits for a period of time, and in 2000, ING Insurance, on behalf of its predecessor company, Guardian Insurance Company of Canada, sent Golic a detailed letter denying further benefits. In 2008, Golic applied to the Superior Court of Justice for ...
The Plaintiff, Kitchenham, was successful in her action against her insurer who tried to compel the production of an IME report and video taped surveillance of her that was obtained through the discovery process in a previous, but related action. Kitchenham v. Axa Insurance Canada, [2008] O.J. No. 5413, Ontario Court of Appeal, D.H. Doherty, E.A. Cronk, ...
