Harper Grey, Author at Canadian Insurance Law Blog - Page 34 of 58

Under the policy of disability insurance, it was clear and unambiguous that the long term disability benefits payable to the insured were to be reduced by any CPP disability benefits received by the insured

23. May 2006 0

Posted by Harper Grey

Perreault v. Manufactuers Life Insurance Co., [2006] O.J. NO. 2623, Ontario Superior Court of Justice

Property damage that would not be insured under a standard insurance policy to an occupant or owner, is insured under the standard mortgage clause for a mortgagee, when the damage is the result of an act or omission by the occupant or owner

16. May 2006 0

Posted by Harper Grey

Assiniboine Credit Union Ltd. v. Aviva Insurance Co. of Canada, [2006] M. J. No. 176, Manitoba Court of Appeal

The Estate of the Deceased Insured was awarded the cost of medical expenses paid following treatment at a hospital pursuant to a travel insurance policy issued by the Defendant. The condition precedent that the Insured was in good health applied despite the fact she had an alcohol abuse problem and had overdosed on alcohol and Dilaudid the day before signing the Declaration. The exclusion clause did not apply because there was no evidence her alcohol abuse problem affected her at the time of, or contributed to, the loss.

09. May 2006 0

Posted by Harper Grey

Oimet Estate v. Co-operators Life Insurance Co., [2006] B.C.J. No. 1221, British Columbia Supreme Court

The Court, in allowing the Insured’s claim, held that the proximate cause of damage was negligence during the repair of a vehicle. The failure of the engine was a secondary cause resulting from the initial negligence in the repair process. The exclusion under s. 132 of the Regulations to the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, did not apply.

08. May 2006 0

Posted by Harper Grey

Dawson Truck Repairs Ltd. v. ICBC, [2006] B.C.J. No. 1030, British Columbia Supreme Court

The New Brunswick Court of Appeal held that the Insurer had a duty to defend the defamation claim brought against the Insured. The Insurer did not demonstrate that the allegations in the Statement of Claim clearly fell outside the policy.

04. May 2006 0

Posted by Harper Grey

Conservation Council of New Brunswick Inc. v. Encon Group Inc., [2006] N.B.J. No. 190, New Brunswick Court of Appeal

The Court held that the only cause of damage was a continuous leak and the mould caused by that leak. The loss was clearly excluded by the explicit terms of the contract.

04. May 2006 0

Posted by Harper Grey

Chandra v. Canadian Northern Shield Insurance Co., [2006] B.C.J. No. 1017, British Columbia Supreme Court

The Court held that the excess insurers were not responsible for the defence costs. The excess insurers were not made privy to the details of the proposed settlement.

28. April 2006 0

Posted by Harper Grey

Hollinger International Inc. v. American Home Assurance Co., [2006] O.J. No. 1791, Ontario Superior Court of Justice

The Court held that the Insurer did not have a duty to defend. All of the allegations in the action related to the Insureds’ son’s use and operation of an all-terrain vehicle, and fell within the exclusionary clause. The pleading of negligent supervision made against the Insureds was not an independent and discrete cause of action that could potentially trigger the Insurer’s duty to defend.

27. April 2006 0

Posted by Harper Grey

Weeks v. Aviva Canada Inc., [2006] N.S.J. No. 173, Nova Scotia Supreme Court

The Court held that s. 139 of the Nova Scotia Insurance Act (Section D coverage) did not cover the emotional injury suffered by the Plaintiff. The Uninsured Motorist Claims Fund was obligated to pay on behalf of the uninsured defendant.

26. April 2006 0

Posted by Harper Grey

Jones v. LeBlanc, [2006] N.S.J. No. 175, Nova Scotia Supreme Court

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