Application by insured for judgment against insurer for breach of contract allowed. The insured’s claim for damage sustained when the pipes in the home burst was not excluded under the policy. Although the loss occurred during the “usual heating season”, the hot-tub room in which the pipes were located was not an “unheated portion of ...
Appeal by the insurer from a jury’s award of punitive damages dismissed. By not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s ...
An action by the insured for payment under a hail insurance policy asking that the amount of loss as determined by the Umpire be set aside and a new amount inserted was dismissed as the court found that a statutory condition of the Saskatchewan Insurance Act was binding on the insured. deBalinhard v. Butler Byers ...
The applicant sought an order requiring RBC General Insurance to defend him in a claim arising from the applicant hitting a third party in the eye with a glass. The judge dismissed the application citing the true nature of the pleadings was that the applicant deliberately and with full knowledge of his actions hit the ...
Intact Insurance Company was unsuccessful in seeking a declaration that it was required to defend an action for direct damage only, and that it was not obliged to defend or indemnify for damages relating to consequential damage, as the court held that it was not clear whether the loss would be found to be a ...
Appeal by insurer from an order requiring it to defend the insured in a third party proceeding was dismissed. Chambers judge correctly concluded that the statement of claim should be considered in the determination of whether a duty to defend arose. Since the Statement of Claim alleged negligence arising from the insured’s use and operation ...
Appeal from a provincial court decision finding that the insured had a right of indemnification against I.C.B.C. for the cost of repairing damage to its motor-vehicle was dismissed. The provincial court judge did not err in finding that s. 68(1) of the Insurance( Motor Vehicle) Act applied only to multi-car accidents. Further, even if the ...
Application by a broker for an order declaring insurer liable to indemnify or make contribution to him for the settlement paid to insured plaintiffs was dismissed. The law of agency precluded the relief the broker sought because the insurer was entitled to indemnity from the agent for his negligence in handling the insured plaintiffs’ policy. As ...
Appeal by Popert from a restitution order requiring him to pay $40,537 to an insurance company was allowed. The court’s jurisdiction to make the restitution order rested on the words of section 738(1)(a) of the Criminal Code as well as on subrogation. The scope of s. 738 is not limited to persons whose property has ...
