The court gave effect to the terms of an insuring agreement for a professional liability claims-made-and-reported policy, which provided that the failure to disclose any situation or circumstance which may in the future result in a claim excluded coverage of any action subsequently emanating therefrom. As coverage for this action never existed, the insured could not ...
Insured equipment is not excluded from coverage by a rental exclusion clause where title remains with the insured even though possession has passed on to a third party if possession is transferred pursuant to a contract of sale. Economical Insurance Group (c.o.b. Plant Hope Adjusters Ltd) v. Master Forestry Ltd., [2012] N.S.J. No. 536, October ...
An action by an insured against an insurer under the statutory Section D provisions of a policy – damages caused by an at-fault unidentified driver – is a direct action or claim against the insurer and not a claim in contract. Tucker v. AXA General Insurance, [2012] N.J. No. 315, September 25, 2012, Newfoundland and ...
Parties are presumed to be acquainted with statutory definitions of a common insurance term for the purposes of contractual interpretation where the parties are engaged in the insurance industry. In interpreting an insurance contract, the Court will consider the plain meaning of the phrase in the context of the agreement as a whole and in ...
An individual who is a sole proprietor may make an insured vehicle available to himself for his regular use. Where this is shown, the individual will be deemed to be a named insured under the policy insuring the vehicle for the purposes of s. 66(1) of the SABS and the insurer of the vehicle will ...
An insurer may not bring a subrogated claim against an employee of an insured where the insured has no right to claim against the employee. Portage La Prairie Mutual Insurance Co. v. MacLean, [2012] N.S.J. No. 520, October 1, 2012, Nova Scotia Supreme Court, P.J. Duncan J.
The issue in this case was whether the expense of insurer generated medical assessments conducted to assess a claimant’s entitlement to benefits under the Statutory Accidents Benefits Schedule were recoverable under s. 275(1) of the Insurance Act as payments “in relation to such benefits paid.” The Court held that insurer generated medical expenses were not subject ...
The appellant lessee rented a truck from the insured lessor. The contents of the truck were damaged durring the course of the lease. The lessee sought compensation under the lessor’s insurance policy’s direct compensation for property damage provisions. The insurer denied coverage. At issue was whether the lessee’s claim fell under section 247 of the Insurance Act or sections ...
At issue was was the extent of insurance coverage available for legal fees incurred by an insured. Specifically, the insurer and insured disagreed as to whether the proper interpretation of the legal expense rider was that the $500,000 limit available was per year or limited to a one time total aggregate of $500,000. The court held that ...
