The respondent Gibbens became infected with Type II Herpes Simplex Virus HSV-2 which caused transverse myelitis, an inflammation of the spinal cord resulting in paralysis from the waist down. He contracted the disease within weeks of infection resulting from unprotected sex. The infection was an unlooked for mishap and Mr. Gibbens was entitled to coverage. Gibbens ...
The appellant insurance company was unsuccessful in its action against condominium owners whom they must indemnify for damages caused to the foundation of their building by the negligence of the insured general contractor. York Region Condominium Corp. No. 722 v. Lombard Canada Ltd., April 14, 2008, Ontario Court of Appeal
The plaintiff property owners were successful in their action involving an insurer’s duty to defend. The property owners were involved in two underlying actions involving slip and falls in parking lots where they had contracts with a winter snow removal contractor to clear the lots. The property owners third partied the contractors in the underlying actions. RioCan ...
The Insured was unsuccessful in its appeal of a decision finding that the Insurer did not have a duty to defend it in third party proceedings under a commercial general liability policy. CUMIS General Insurance Co. v. 1319273 Ontario Ltd., April 7, 2008, Ontario Court of Appeal
The Insured was successful in obtaining no-fault insurance benefits pursuant to the Saskatchewan Automobile Accident Insurance Act due to the Court’s finding that his injuries were caused by the use of a motor vehicle. Hagen v. Hillcrest Enterprises Ltd., March 28, 2008, Saskatchewan Court of Queen’s Bench, Zarzeczny J.
The Insured sought continued disability benefits under a policy of insurance obtained through her employer. The Insured’s claim was dismissed on the basis that she failed to prove that she continued to suffer from “total disability” as the term was defined in the employer’s long-term disability plan. Penner v. Manitoba, March 13, 2008, Manitoba Court of Queen’s ...
Under the summary trial provisions in the British Columbia Supreme Court Rules, both the plaintiff and defendant sought a declaration that they were the lawful sole beneficiary under a group life insurance policy. Rainsford v. Gregoire, March 12, 2008, British Columbia Supreme Court, Masuhara J.
The plaintiff brought a motion to compel counsel for the insurer to re-attend for further cross examination on an Affidavit she swore in support of an Order compelling the plaintiff to attend three defence medical examinations. The Court so ordered. Trecartin v. Pilot Insurance Co., March 17, 2008, Ontario Superior Court of Justice
The insurer appealed a trial judgment finding the insured entitled to insurance coverage for contingent business interruption. The appeal was dismissed. Nestle Canada Inc. v. Allianz Insurance Co. of Canada, March 20, 2008, Alberta Court of Appeal
