Insurance law – Liability insurance – Exclusions – Interpretation of policy – Appeals – Standard of review – Class actions Coast Capital Savings Credit Union v. Liberty International Underwriters, [2017] B.C.J. No. 2074, 2017 BCCA 362, British Columbia Court of Appeal, October 20, 2017, D.F. Tysoe, H. Groberman and G. Dickson JJ.A. A class action ...
The “transmission of force” doctrine did not apply to a motor vehicle that collided with a second motor vehicle, thereby diverting the second vehicle, which then hit a pedestrian. Automobile insurance – Benefits – Statutory provisions – Statutory Accident Benefits Schedule – Priority coverage – Leave to appeal – Standard of review Unifund Assurance Co. v. ACE INA Insurance Co., [2017] O.J. ...
The pooling of rainwater resulting in water damage to a building did not qualify as “the rising of, the breaking out of, or the overflow of any body of water” under the policy of insurance. Property insurance – Water damage – Coverage – Exclusions – Interpretation of policy – Summary judgments Parker Pad & Printing ...
The plaintiff was not entitled to long-term disability benefits under an insurance policy held by his former employer because the plaintiff did not make his claim until after his employment ceased. MacIvor v. Pitney Bowes Inc., [2017] O.J. No. 1161, 2017 ONSC 1550, Ontario Superior Court of Justice, March 7, 2017, A. Pollak J. On April 16, 2005, the plaintiff ...
The plaintiff insured was awarded solicitor-client costs against the defendant disability insurer. Insurance law – Disability insurance – Long term disability – Terms of policy – Rights and duties of insured – Costs – Special or increased costs – Third party action Tanious v. Empire Life Insurance Co., [2017] B.C.J. No. 85, 2017 BCSC 85, British Columbia Supreme ...
Because the pleading did not allege sufficient facts about how the pollution escaped from the insured’s underground storage tanks, there was a possibility that the claim fell within the exception to the pollution exclusion clause and the insurer had a duty to defend the insured. Insurance law – Commercial general liability insurance – Umbrella policies ...
An insured’s claim for food spoilage as a result of a power outage was covered under the policy of insurance, while the claim for damage to her motor vehicle and house trailer was not. Insurance law – Homeowner’s insurance – Coverage – Exclusions – Motor vehicle – Evidence – Proof of loss West v. Canadian ...
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Insurance law – Automobile insurance – Benefits – No-fault coverage – Death benefits – Earned income – definition – Statutory provisions – Statutory interpretation Holtby-York ...
The plaintiff’s claim to recover on a title insurance policy for losses it allegedly incurred after it foreclosed on a mortgage was dismissed. Insurance law – Title insurance – Interpretation of policy – Coverage – Exclusions Hercules Moulded Products Inc. v. Foster, [2016] O.J. No. 3998, 2016 ONSC 4967, July 14, 2016, S.N. Lederman J. ...