Duty to defend cannot rest on a generic prayer for relief

13. October 2020 0
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 ...

Don’t keep your grow-op a secret from your home insurer

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 ...

No limits on mitigation of loss coverage

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 ...

Homeowner insurer under duty to defend insured with road rage

14. January 2020 0
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 ...

Actions against insurers for bad faith handling of SABs claims are exclusively within the jurisdiction of the LAT

10. September 2019 0
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] ...