Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...
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 – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...
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 ...
The court must look beyond the surface of a car rental agreement to determine whether the renter is renting in his personal capacity or as an authorized representative of his employer. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions – Appeals Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., ...
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] ...