A contractor – Ani-Wall – created a foundation using faulty concrete. The Ontario Supreme Court determined that the contractor was entitled to coverage under a CGL Policy. The insurance company, AXA, appealed. AXA sought to limit its liability by relying on two separate Exclusionary clauses within a Commercial General Liability insurance policy. The Court of ...
Jessy’s Pizza, a small business owner, was successful in its action against Economical Mutual Insurance (“Economical”) for business interruption coverage following a vandalized oil supply line that had leaked under its building causing extensive damage. Jessy’s Pizza (Bedford) v. Economical Mutual Insurance Co., [2008] N.S.J. No. 319, Nova Scotia Small Claims Court, Adjudicator J.W.S. Johnston, January ...
The Plaintiff was partially successful in his action against his insurance company, British Aviation, in being found a “person insured” pursuant to a clause in the policy, thus triggering the duty to defend. The Plaintiff was awarded costs in the action but the insurer was free to retain counsel of their choice to represent the Plaintiff. ...
Recent evidence suggests that insurance lawsuits are increasing outside of the U.S. U.S.A. today has an article in which Lloyd’s of London CEO Richard Ward answers questions from management reporter Del Jones.
The court concluded that the insurer had no duty to defend the applicant in a personal injury claim as the CGL policy contained an exclusion clause in respect of bodily injury sustained as a result of ownership, use or operation of a motor vehicle. TR Construction Ltd. v. Wawanesa Mutual Insurance Co., [2008] M.J. No. 243, ...
Appeal by the plaintiffs from a decision finding that the respondent insurer was under no liability in respect of an accident that occurred in Florida was dismissed as the Newfoundland and Labrador legislation limited recovery for personal injury caused by uninsured drivers in another jurisdiction to the minimum amount required in that other jurisdiction. Kennedy v. CGU ...
The defendant insurer denied the plaintiff’s application for long-term disability benefits on the grounds that the plaintiff had misrepresented his medical condition on the initial application questionnaire. The court accepted the defendant’s evidence that it would not have written the policy had the plaintiff’s medical history been disclosed and dismissed the case. Fernandes v. RBC ...
The Court issued a declaration that the Insurer was not under a duty to defend the Insured in a third party action brought by the City of Barrie where the “property damage” at issue in the underlying action occurred outside of the policy period. 1214528 Ontario Ltd. v. Continental Insurance Co. of Canada, [2005] O.J. ...
The limitation period for automobile insurance benefits is two years in British Columbia. The insured commenced an action, alledging bad faith, for failing to advise the insured of his potential entitlement to benefits and of the limitation period. A preliminary motion to quash the action was dismissed on the basis that the limitation period did ...
