The plaintiff insureds moved for summary judgment in the action requiring the defendant insurer to pay defence costs they incurred defending another action pursuant to the terms of a Director’s and Officer’s liability insurance policy (“D&O liability policy”). Based on the plain wording of the policy the plaintiff insureds established that the claims asserted against them ...
Mr. Darch set fire to his parents’ home resulting in the total destruction of the premises. He was charged with arson but found “not criminally responsible” for the offence in the criminal proceedings. The home was insured by the defendant insurance company. The insureds submitted a proof of loss regarding the fire and were denied coverage on the basis ...
Application for summary judgment by the superintendent of Financial Services Commission of Ontario dismissing the claim of the plaintiff on the basis that the plaintiff was an insured person for the purposes of coverage under an automobile policy and was thus not entitled to seek payment of any judgment rendered in her favour out of ...
The appeal by the charterer from the decision of the arbitrator ruling that it was the intention of the parties that the risk of loss or damage to the barges rested with the charterer and that the owner could proceed with its claim for damages. The British Columbia Supreme Court (the “Court”) upheld the arbitrator’s decision ...
Application by the insured for coverage under an insurance policy issued by Zurich Insurance Company was allowed. The policy insured a Caterpillar D6R owned by the insured, which was stolen from a job site. Although at the time of the loss the property was “on rental”, as that term is intended in the policy, it ...
Application by Brent Wormell (Wormell) for a declaration that I.C.B.C. pay him the amount of a judgment obtained against I.C.B.C.’s insured, Bradley Hagen (“Hagen”), was allowed. The loss arose out of the use and operation of Hagen’s motor vehicle. Although the outriggers were extended at the time of the loss, the truck did not cease to ...
Appeal by the insured from the trial judge’s decision finding no coverage under an automobile policy was allowed. The judge interpreted the terms of the automobile policy too narrowly. A broad interpretation of the words “hit or struck by” entitled the insured to coverage for her injuries, which were sustained when she walked into a ...
A vessel was found to be a “waterborne object” for purposes of “windstorm or hail” exclusion clause. Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 296, January 7, 2010, Nova Scotia Supreme Court, J.D. Murphy J.
Insurer’s motion for dismissal of a third party claim against it was allowed. The insured’s claim for indemnity was premature and was struck out. The claim against the insured, a tenant, by the landlord, did not trigger the duty to defend. The landlord’s claim clearly arose in respect to the tenant’s actions and omissions with ...
