The recent British Columbia Court of Appeal decision of Ashcroft v. Dhaliwal, 2008 BCCA 352 September 16, 2008, clarifies that past settlements will be deducted from judgments. The settlement has to be to compensate the plaintiff for a tortious act, and the injury must be related to the injury sustained at trial.
An insurer who intends to exclude coverage for fire liability on the basis that the fire was intentionally set must be able to prove the elements of arson with clear and cogent evidence. Lancer Enterprises Ltd. v. Saskatchewan Government Insurance (c.o.b. SGI Canada), 2008 SKQB 346, Saskatchewan Court of Queen’s Bench, J.D. Koch J., September ...
A renewed insurance policy is a new policy for the purpose of determining the policy’s inception date. An insured has an obligation to advise his insurer of relevant information upon the inception or renewal of the policy. South Stormont (Township) v. Frank Cowan Co., [2008] O.J. No. 3594, Ontario Superior Court of Justice, J. Mackinnon ...
An arbitrator’s decision holding that an injured victim in an automobile accident should receive statutory benefits from his stepfather’s insurer was upheld on the basis that the victim was principally dependent upon the stepfather for financial support. Gore Mutual Insurance Company v. Co-Operators General Insurance Company, [2008] O.J. No. 3603, Ontario Superior Court of Justice, P.M. ...
An ambiguous term in a critical illness policy exclusion clause should be construed against the party who drafted the clause. Duke v. Clarica Life Insurance Co., 2008 ABCA 301, Alberta Court of Appeal, C.M. Conrad and P.W.L. Martin JJ.A. and A.G. Park J. (ad hoc), September 16, 2008
The Court of Appeal upheld the Automobile Injury Compensation Appeal Commission’s (the “Commission”) decision holding that the Provincial Motor Vehicle Insurer was not entitled to terminate the Insured’s income replacement benefits. Since the Commission had previously determined that the insured was entitled to insurance benefits, the Commission could not reconsider the decision several years later. ...
Successful appeal by the Insurer from a decision confirming the Insured’s entitlement to past and future disability benefits under a group insurance policy. This case was summarized in the Lawyers Weekly. Wilson v. Great-West Life Assurance Co., [2008] N.B.J. No. 303, New Brunswick Court of Appeal, J.E. Drapeau C.J.N.B., W.S. Turnbull and A. Deschenes JJ.A., ...
Unsuccessful application by two Insureds for summary judgment, partial summary judgment or an order limiting the Plaintiff’s damages to losses not covered by a builder’s all-risk policy that had been issued to the Plaintiff. The court determined that the Plaintiff had satisfied the onus of establishing that the claim had a real chance of success. ...
The Insurer was successful, in part, on its motion for summary judgment to have portions of the Insured’s claim against it dismissed. When accident benefits arising under a motor vehicle policy have been arbitrated, all aspects of the claim subject to the arbitration are a nullity. In this case only the claims for bad faith ...
