Insurance law – Public entity insurance – Exclusions – Duties and liabilities of insurer Lincoln (Town) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1071, 2020 ONSC 1456, Ontario Superior Court of Justice, March 10, 2020, P.M. Perell J. An action was brought against the insured town alleging it was negligent in failing to stop ...
Insurance law – Occupiers liability – Exclusions – Notice – Duties and liabilities of insurer – Waiver – Practice – Appeals Apps v. Grouse Mountain Resorts Ltd., [2020] B.C.J. No. 324, 2020 BCCA 78, British Columbia Court of Appeal, March 4, 2020, M.E. Saunders, G.J. Fitch and J.C. Grauer JJ.A. The plaintiff appealed an order ...
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties – Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...
An insured’s business interruption loss claim is not subject to a rolling limitation period as an insurer does not have a recurring contractual obligation in respect of this claim. Insurance law – Commercial general liability insurance – Business interruption insurance – Limitation of actions – Exclusions Marvelous Mario’s Inc. v. St. Paul Fire and Marine ...
The insured’s action against her insurer for bad faith handling of her SABs claim is barred by the dispute resolution provisions of section 280 of the Insurance Act. Insurance law – Automobile insurance – Statutory provisions – Bad faith – Damages – Punitive damages – Aggravated damages – Actions – Appeals Stegenga v. Economical Mutual Insurance Co., [2019] ...
Insured equipment is not excluded from coverage by a rental exclusion clause where title remains with the insured even though possession has passed on to a third party if possession is transferred pursuant to a contract of sale. Economical Insurance Group (c.o.b. Plant Hope Adjusters Ltd) v. Master Forestry Ltd., [2012] N.S.J. No. 536, October ...
An action by an insured against an insurer under the statutory Section D provisions of a policy – damages caused by an at-fault unidentified driver – is a direct action or claim against the insurer and not a claim in contract. Tucker v. AXA General Insurance, [2012] N.J. No. 315, September 25, 2012, Newfoundland and ...
Parties are presumed to be acquainted with statutory definitions of a common insurance term for the purposes of contractual interpretation where the parties are engaged in the insurance industry. In interpreting an insurance contract, the Court will consider the plain meaning of the phrase in the context of the agreement as a whole and in ...
An individual who is a sole proprietor may make an insured vehicle available to himself for his regular use. Where this is shown, the individual will be deemed to be a named insured under the policy insuring the vehicle for the purposes of s. 66(1) of the SABS and the insurer of the vehicle will ...
