Harper Grey, Author at Canadian Insurance Law Blog - Page 41 of 58

The Chambers Judge found that the liability insurers of a general contractor were not required to provide a defence against claims for the cost of repairing work damaged by the other allegedly defective work within the same structure because such damage did not fall within the meaning of the term “property damage” under the policy

09. September 2005 0

Posted by Harper Grey

Swagger Construction Ltd. v. ING Insurance Co. of Canada, [2005] B.C.J. No. 1964, British Columbia Supreme Court

There is no duty upon a life insurance applicant to disclose information that has not been requested in a clear and unambiguous way in the insurance application form

08. September 2005 0

Posted by Harper Grey

Quinn v. Canada Life Assurance Co., [2005] B.C.J. No. 1947, British Columbia Supreme Court

The Court held that the insurer had not satisfied the onus of providing “clear and cogent evidence” required to establish the quasi-criminal allegation of fraud on the part of the insured

06. September 2005 0

Posted by Harper Grey

Kemp v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 2126, British Columbia Provincial Court

When a fire insurance policy does not clearly define the term “actual cash value”, an insured can be entitled to the replacement cost of the insured property as opposed to the market value

31. August 2005 0

Posted by Harper Grey

Ollerhead v. Ecclesiastical Insurance Office PLC, [2005] N.J. No. 272, Newfoundland and Labrador Supreme Court – Trial Division

The insured’s failure to disclose, on an application for property insurance, that he intended to use the house as a rooming house constituted a misrepresentation of a material fact. The Court held that the policy of insurance was voidable by the insurer.

28. August 2005 3

Posted by Harper Grey

Lee v. Canadian Northern Shield Insurance Co., [2005] B.C.J. No. 1715, British Columbia Supreme Court

The Proof of Loss contained a clause which dealt with the transfer of rights of recovery to the insurer. The Court held that even if the clause amounted to an assignment in law, there was no effective assignment of rights as there was no consideration.

22. August 2005 0

Posted by Harper Grey

Langdon v. Hudson Bay Transport Co., [2005] S.J. No. 599, Saskatchewan Court of Queen’s Bench

The Court granted the application under Rule 18A for payment of life insurance funds to a beneficiary determined to have been designated as “irrevocable” after finding that the requirements of s. 49 of the Insurance Act had been substantially complied with

17. August 2005 0

Posted by Harper Grey

Re: Dahl, [2005] B.C.J. No. 3043, British Columbia Supreme Court

The Court held that the legal cost of obtaining a court order for the appointment of a guardian of property and person for a person impaired catastrophically in a motor vehicle accident, was a “rehabilitation benefit” payable by the person’s insurer under the Ontario Statutory Accident Benefits Schedule

10. August 2005 0

Posted by Harper Grey

Stukic (Litigation guardian of) v. Personal Insurance Co. of Canada, [2005] O.J. No. 3325, Ontario Superior Court of Justice

The insured under a disability insurance policy (“Brown”) was successful in obtaining a declaration that he was totally disabled from employment as defined by the policy issued by his disability insurer (“Mutual Life”) where the Court concluded that Brown had a “medically determinable physical impairment due to injury” for a period of approximately two years

08. August 2005 0

Posted by Harper Grey

Brown v. Mutual Life Assurance Co. of Canada, [2005] A.J. No. 1003, Alberta Court of Queen’s Bench

Previous
1
…
36
37
38
39
40
41
42
43
44
45
46
…
58
Next

Search Anything