The insurer had no duty to investigate the information provided by the insured to unearth misrepresentations by the insured. A broker was held liable for failing to make inquiries into whether an insured’s representative who completed the insurance applications had the necessary training or experience to do so and if not to discuss the benefits of property inspections with him. The insured was apportioned 50% liability for failing to ensure that its representatives handling the placement of insurance had sufficient knowledge of the properties to place coverage.

18. August 2015 0
Insurance law – Commercial general liability insurance – Property damage – Material non-disclosure – Policies and insurance contracts – Misrepresentation in obtaining insurance – Interpretation of policy – Good faith – Agents and brokers – Duties and liabilities of agent – Mistakes of agents – Professional negligence – Apportionment and contribution of claim – Rights ...

Under the Insurance Act, RSO 1990 c.I.8, not every person who operates a listed automobile is an insured for whom indemnity is provided. To fall into that category, one must not only be driving an autombile listed on the policy, but must also be either a named insured or driving with the insured’s consent. The Court found that the driver was not an insured and was not driving with the insured’s consent.

18. August 2015 0
Insurance law – Automobile insurance – Statutory provisions – Exclusions – Unauthorized driver – Consent to drive – Uninsured motorist – Underinsured motorist – Ownership of vehicle – Verification of registered owner – Third parties – Evidence Brown v. Williamson, [2015] O.J. No. 3537, 2015 ONSC 4231, Ontario Superior Court of Justice, July 3, 2015, ...

Insured failed to inform the insurance broker of all equine activities he engaged in when he purchased the policy. In particular, the insured failed to inform the broker that he may engage in the activity of providing horseback riding lessons, which was not found to be a “farm activity” under the policy. The Alberta Court of Appeal upheld the trial judge’s decision that the action as against the insurer was dismissed.

18. August 2015 0
Insurance law – Liability insurance – Policies and insurance contracts – Farm policies – Farming operations – Exclusions – Business activities – Misrepresentation in obtaining insurance – Rights and duties of insured – Agents and brokers – Duties and liabilities of agent Burch v. Intact Insurance Co., [2015] A.J. No. 735, 2015 ABCA 229, Alberta ...

An insured was advised by its broker that the broker had arranged for the excess insurer to provide umbrella insurance coverage for the insured’s vehicles; however, the broker failed to advise there was a gap in excess coverage with respect to the insured’s long-term leased vehicles. Following an accident involving one of the insured’s long-term leased vehicles, the insured sought coverage from the excess insurer, but was denied. The insured successfully brought an action in negligence against the brokers for their failure to properly advise the insured with respect to the umbrella coverage obtained for the vehicles.

21. April 2015 0
Insurance law – Agents and brokers – Failure to obtain reasonable coverage – Mistakes of agents – Liability insurance – Umbrella policies – Policies and insurance contracts – Excess liability Dustbane Products Limited v. Gifford Associates Insurance Brokers Inc., [2015] O.J. No. 854, 2015 ONSC 1036, Ontario Superior Court of Justice, February 18, 2015, M.L. ...

A widow’s application for life insurance benefits following the death of her husband, the insured, was denied because the insured had materially misrepresented his medical history in his application for life and disability insurance

21. April 2015 0
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Appeals – Standard of review Linden Estate v. CUMIS Life Insurance Co., [2015] N.S.J. No. 83, 2015 NSCA 20, Nova Scotia Court of Appeal, March 3, 2015, J.W.S. Saunders, M.J. Hamilton and J.E. Fichaud JJ.A. An insured applied for life and disability insurance. The ...

The plaintiff was unable to recover for losses suffered as a result of her lawyer’s negligence because (1) the lawyer was not practising law and thus was not insured at the time the loss was discovered, and (2) the lawyer did not report the potential loss to the insurer while the policy was in effect. The Alberta Court of Queen’s Bench held that there was a reasonable and appropriate gap in coverage, and the Master’s decision was upheld.

21. April 2015 0
Insurance law – Law profession – Negligence – Errors and omissions policies – Policies and insurance contracts – Coverage – Exclusions – Notice – Occurrence vs. claims based policy – Relief against forfeiture – Statutory provisions Sawyer v. Canadian Lawyers Insurance Assn., [2015] A.J. No. 239, 2015 ABQB 132, Alberta Court of Queen’s Bench, February ...