A two year limitation period contained in a disability policy can be extended pursuant to the discoverability rule
Gray v. Canada Life Assurance Co., [2003] M.J. No. 412, Manitoba Court of Queen’s Bench
The Insured (“Hauck”) was successful in obtaining a declaration that the Insurer of his tractor trailer (“Dominion”) was obligated to provide him with third party liability coverage for a motor vehicle accident caused by Hauck when he was towing the trailer with his uninsured truck
Hauck v. Dominion of Canada General Insurance Co., [2003] A.J. No. 1505, Alberta Court of Queen’s Bench Judicial District of Calgary
The court ordered the Insurer to defend the Insured under a commercial general liability policy where the Plaintiff alleged that the Insured was negligent in performing building inspections which resulted in property damage in a condominium development project. The policy covered property damage caused by an accident or property damage which arose out of the operations performed on or incidental to the Insured’s development project.
Blue Mountains (Town) v. Royal and Sun Alliance Insurance Co. of Canada, [2003] O.J. No. 4881, Ontario Superior Court of Justice
The Jesuit Fathers of Upper Canada (“Jesuit Fathers”) were successful in obtaining a declaration that their Insurer under a comprehensive general liability policy (“Guardian”) had a duty to defend the Jesuit Fathers with respect to claims based upon allegations of sexual assault which fell within the temporal limits of the policy. The court refused to make a declaration that Guardian had a duty to defend claims which were not “first made” during the policy period holding that a belief as to the possible existence of further complaints lacked the specificity required to form the basis of a claim under the policy.
Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada, [2003] O.J. No. 4534, Ontario Superior Court of Justice
An insurance company cannot rely upon communications with a broker to change coverage to an insured. An insured must be notified directly by the insurance company of any change in coverage
Walker v. CGU Insurance Co. of Canada, [2003] O.J. No. 4064, Ontario Superior Court of Justice