Harper Grey, Author at Canadian Insurance Law Blog - Page 42 of 58

The Court held that the insured was obligated to repay long term disability benefits to the extent that the insured had received compensation under the Workers Compensation Act in connection with the “same disability”. The Court also held that the insured was entitled to benefits to the age of 65.

05. August 2005 0

Posted by Harper Grey

McGill v. Worthing, [2005] B.C.J. No. 1759, British Columbia Supreme Court

The action of Canadian Universities Reciprocal Insurance Exchange (“CURIE”) against CGU Insurance Co. of Canada (“CGU”) seeking equitable contribution between insurers was dismissed, where the Court held that none of the parties found liable in the underlying action were entitled to coverage under the CGU policy

05. August 2005 0

Posted by Harper Grey

Canadian Universities Reciprocal Insurance Exchange v. CGU Insurance Co. of Canada, [2005] O.J. No. 3375, Ontario Superior Court of Justice

The Court held that the insured’s failure, on an application for life and disability benefits, to disclose a history of high blood pressure, constituted a misrepresentation of a material fact. The contract of insurance was thus voidable by the insurer under s. 41 of the Insurance Act, R.S.B.C. 1996, c. 266.

04. August 2005 0

Posted by Harper Grey

Fischer v. Clarica Life Insurance Co., [2005] B.C.J. No. 1763, British Columbia Supreme Court

The Court held that the insurer was not liable under s. 132 of the Ontario Insurance Act with respect to a damage award which had been returned unsatisfied as against its insured. The insured’s lack of co-operation with the insurer in not responding to the insurer’s letters amounted to a substantial and material breach of the insurance policy.

28. July 2005 0

Posted by Harper Grey

Thompson v. ING Halifax, [2005] O.J. No. 3250, Ontario Superior Court of Justice

Where an Insured is involved in a single vehicle motor vehicle accident and is found to have a blood alcohol level of 300 mg of ethyl alcohol in 100 milliliters of blood; absent any reasonable explanation for the accident, the Insured will be found to have been operating his motor vehicle under the influence of alcohol and his automobile insurance will be void

27. July 2005 0

Posted by Harper Grey

Co-operators General Insurance Co. v. Mayer, [2005] A.J. No. 1061, Alberta Provincial Court

The insured Plaintiff and driver of a vehicle with an expired owner’s certificate was entitled to an Order that ICBC indemnify her in a separate action pursuant to s. 49(1) of the Revised Regulation (1984) because s. 1(3) of the Regulation states that a reference to an owner’s certificate is a reference to a valid and subsisting owner’s certificate

22. July 2005 0

Posted by Harper Grey

Chamberlin v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 1666, British Columbia Supreme Court

The Court ordered the underinsurer to pay the Insured’s costs once the primary insurer’s policy limits were exhausted because to do otherwise would mean the underinsurer could have a free ride of a trial at the expense of the primary insurer

12. July 2005 0

Posted by Harper Grey

Weppler v. Messner, [2005] A.J. No. 877, Alberta Court of Queen’s Bench

The Insured was entitled to indemnification under his comprehensive automobile insurance coverage where his parked car was struck by a moving vehicle. The court held that the Insured’s parked vehicle was not involved in a “collision with” the moving vehicle and, therefore, the collision exclusion in the comprehensive policy was not applicable.

08. July 2005 0

Posted by Harper Grey

Harnett v. Aney Insurance Brokers Ltd., [2005] A.J. No. 845, Alberta Court of Queen’s Bench

The incorporation of language similar to the mandatory fire peril statutory condition in an all-risks policy does not mean the policy is “subject to a limitation provision in another enactment” for the purposes of determining whether an amendment to the pleadings is permissible under the Limitations Act, R.S.A. 2000, c. L-12

05. July 2005 0

Posted by Harper Grey

Fenrich v. Wawanesa Mutual Insurance Co., [2005] A.J. No. 788, Alberta Court of Appeal

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