A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Insurance law – Agents and brokers – Duties and liabilities of agent – Errors and omissions policies Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. ...
An insured landowner’s appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. Insurance law – Property insurance – Vandalism – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – Definition – Imminent peril Garden View Restaurant Ltd. v. Portage La Prairie ...
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Insurance law – Homeowner’s insurance – Property insurance – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – definition Snow v. Royal ...
Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Attendant care – Statutory provisions – interpretation – Retrospective application of legislation Davis v. Wawanesa Mutual Insurance Co., [2015] O.J. No. 5571, October 27, 2015, Ontario Superior Court of Justice, E. Quinlan J.
Insurance law – Automobile insurance – Homeowner’s insurance – Subrogation – Right of insurer to subrogation – Policies and insurance contracts – Unnamed insured – Multiple policies – Apportionment and contribution of claim Rochon v. Rochon, [2015] O.J. No. 5788, November 6, 2015, Ontario Court of Appeal, J.M. Simmons, G.J. Epstein and G.I. Pardu JJ.A.
The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits. Insurance law – Automobile insurance – Benefits ...
Insurance law – Liability insurance – Commercial general liability insurance – Interpretation of policy – Duty to defend – Additional named insured Carneiro v. Durham (Regional Municipality), [2015] O.J. No. 1842, 2015 ONSC 2427, Ontario Superior Court of Justice, April 15, 2015, G.D. Lemon J. The applicant municipality sought an order that its snow removal ...
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Statutory provisions Tucker v. Unknown Person; Tucker v. AXA General Insurance, [2015] N.J. No. 129, 2015 NLCA 21, Newfoundland and Labrador Supreme Court – Court of Appeal, April 21, 2015, J.D. Green C.J.N.L., B.G. Welsh, M. Rowe, ...
The insured was granted relief from forfeiture for failing to meet the contractually imposed deadline for submitting a claim for long term disability benefits. Insurance law – Disability insurance – Exclusions – Policies and insurance contracts – Rights and duties of insured – Notice – Relief against forfeiture Dube v. RBC Life Insurance Co.,[2015] O.J. ...
