The Plaintiff homeowners were successful in their action against their insurer for damages caused to the roof of their residence during re-shingling where the Court found that the high winds which caused the tarps to be ripped off the roof were unexpected and, consequently, the ensuing water damage fell within coverage. Vennard v. Aviva, March ...
The Plaintiff’s claim for past disability benefits was dismissed on the basis of a limitation defence and her claim for ongoing disability benefits was dismissed as the Plaintiff was not under the regular and personal care of a physician. Andreychuk v. RBC Insurance Co., March 6, 2008, British Columbia Supreme Court, Vickers J.
The issuer of a builder’s risk policy (“Commonwealth”) was not required to indemnify contractors for deficiencies in the installation of a hardwood floor where the Court held that the faulty workmanship exclusion in the policy applied. Ploutos Enterprises Ltd. v. Stuart Olson Contructors Inc., March 3, 2008, British Columbia Supreme Court, Martinson J.
An insured must commence an action for breach of a disability insurance contract against an insurer within a year of a clear and unequivocal denial of benefits, pursuant to British Columbia’s Insurance Act. An insurer may be permitted to entertain the possibility that an insured might appeal its decision without rendering a denial equivocal or unclear. ...
Where it is reasonably probable that a defendant in a subrogated action is an insured under the policy which gave rise to the right of subrogation, the insurer bears a duty to defend under the policy, regardless of the ultimate outcome of the final judgment. Word of Life Tabernacle Society v. Sampson Construction Ltd., [2007] ...
Where a commercial lease purports to limit the lessor’s liability by curtailing the subrogation rights of an insurer of the lessee, the lease will prevail as a complete defence to a subrogated action, provided the action is within the scope of what is excluded by the terms of the lease. Robichaud, Williamson, Theriault and Johnstone ...
When an employee who is insured under the employer’s commercial liability policy commits an intentional act which results in unintentional harm, the policy’s exclusion clause excluding damage caused intentionally by or at the direction of the insured will not be engaged. Mitsios v. Aviva Insurance Co. of Canada, [2008] O.J. No. 552, Ontario Superior Court ...
A husband was the sole owner of one life insurance policy, and owned a second policy jointly with his wife. He died. His children claimed that both policies formed his estate and that they were entitled to a two thirds of both the solely owned policy and the jointly owned policy. The Ontario Superior Court and ...
An insurance agent was terminated by his employer. He began soliciting his former clients and persuaded a number of clients to switch to a new policy. The insurer brought an application to stop their prior employee from contacting their customers. The court determined that although there was no direct evidence that the agent was inducing ...
