It is important for insurers to be sure of their coverage position before providing positive affirmations of coverage. There must be a meeting of the minds between all parties for an agreement to be valid. Insurance law – Automobile insurance – Priority coverage – Third parties – Lessors and lessees – Duty to defend – ...
In the recent case of McCormick v. Plambeck, 2020 BCSC 881 (“McCormick”), the B.C. Supreme Court dismissed the plaintiff’s claim that two parents owed him a duty of care as social hosts as he was a minor who attended their home in the presence of liquor and/or drugs. In McCormick, the 17-year-old plaintiff attended a ...
Insurance law – Automobile insurance – Statutory obligations – Cancellation of policy, time cancellation in effect – Arbitration – Practice – Appeals – Standard of review Allstate Insurance Co. v. Ontario (Minister of Finance), [2020] O.J. No. 726, 2020 ONSC 830, Ontario Superior Court of Justice, February 6, 2020, B. Davies J. The insurer cancelled ...
Insurance law – Automobile insurance – Territorial limitations – Underinsured motorist – Practice – Appeals – Standard of review – Summary judgments – Availability Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49, Alberta Court of Appeal, February 4, 2020, B.L. Veldhuis, F.L. Schutz and M.G. Crighton JJ.A. The insured pedestrian ...
A car rental company’s claim against its renter offended the statutory prohibition against suing anyone other than one’s own insurer for damage to an insured car. Insurance law – Automobile insurance – First party insured – Statutory provisions – Practice – Appeals Quality Car Rentals Inc. v. Sedaghat, [2019] O.J. No. 4728, 2019 ONSC 5431, ...
An insurer that is required to provide reasons for a decision must provide meaningful reasons to allow the insured to determine whether to challenge the decision. Insurance law – Automobile insurance – Statutory provisions – Duties and liabilities of insurer – Practice – Appeal Hedley v. Aviva Insurance Company of Canada, [2019] O.J. No. 4775, ...
The insurer was ordered to defend a university professor against allegations that she defamed a former colleague as the claims against her raised the possibility that she was acting on behalf of the university and was thus an “additional insured” under the policy. Insurance law – Liability insurance – Duty to defend – Additional named ...
A property owner that contracted to obtain insurance to cover its contractor but neglected to obtain the policy was found liable to the contractor for legal costs incurred that would have been covered by the policy, had it been obtained as promised. Insurance law – Property insurance – Wrap-up policies – Breach of policy – ...
