Application by an insured for declaration that her homeowner policy insurer was obligated to provide her a defence to counterclaims made by defendants against her in a personal injury action commenced by her to recover for injuries suffered by her son. The court held that there was no duty to defend as the policy excluded coverage ...
Application by insured for indemification under its CGL policy for damages paid in respect of a tort claim. The insurer denied indemnification on the basis that the auto exclusion applied as the injuries compensated were caused by the use and operation of a motor vehicle. The alleged negligent act relied on by the numbered company was the ...
The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This will often allow an injured person to sue later than the ultimate “ten year” statutory section 3(1)(b) of the Limitations Act. Section 7(1) ...
Where an insurer acts as a claims administration service only but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith as it was adjudicating claims and benefits. As such, the traditional tort of intentional procurement of breach of contract is broad ...
At issue was whether the respondent title insurance company owed a duty to defend the applicant lawyers in civil proceedings in which the applicant lawyers were named as defendants. The question was whether the claims against the lawyers arose under the policy of title insurance. The court held that the phrase “claims arising under the title insurance ...
Insured which advanced claim for both uninsured loss and insured loss in subrogated claim was allowed to have carriage and control of action. Zurich Insurance Co. v. Ison T.H. Auto Sales Inc., [2011] O.J. No. 4720, October 25, 2011, Ontario Court of Appeal, J.C. MacPherson, H.S. LaForme and G.J. Epstein JJ.A.
The plaintiff insureds moved for summary judgment in the action requiring the defendant insurer to pay defence costs they incurred defending another action pursuant to the terms of a Director’s and Officer’s liability insurance policy (“D&O liability policy”). Based on the plain wording of the policy the plaintiff insureds established that the claims asserted against them ...
Mr. Darch set fire to his parents’ home resulting in the total destruction of the premises. He was charged with arson but found “not criminally responsible” for the offence in the criminal proceedings. The home was insured by the defendant insurance company. The insureds submitted a proof of loss regarding the fire and were denied coverage on the basis ...
Application for summary judgment by the superintendent of Financial Services Commission of Ontario dismissing the claim of the plaintiff on the basis that the plaintiff was an insured person for the purposes of coverage under an automobile policy and was thus not entitled to seek payment of any judgment rendered in her favour out of ...
