Insurance law – Liability insurance – Claims made policy – Renewals of policies – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Backyard Media Inc. v. HDI Global Specialty SE, [2021] O.J. No. 1583, 2021 ONSC 2341, Ontario Superior Court of Justice, March 29, 2021, F.L. Myers J. ...
Tort settlement’s reduction to long term disability benefits does not affect deductibility from no fault accident benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Statutory provisions – Double recovery – Practice – Leave to appeal Lindblad v. Insurance Corp. of British Columbia, [2020] B.C.J. No. 1738, ...
Non-contracting beneficiary of a group benefits policy could enforce payment of benefits but not a lump sum for future benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Good faith, breach of – Damages – Aggravated damages – Punitive damages – Practice – Leave to appeal Gascoigne ...
Underinsured motorist coverage allows deduction of available insurance proceeds from jointly liable parties Insurance law – Automobile insurance – Underinsured motorist – Third parties – Subrogation – Right of insurer to subrogation – Practice – Leave to appeal – Jury trials Tuffnail v. Meekes, [2020] O.J. No. 2371, 2020 ONCA 340, Ontario Court of Appeal, ...
Coverage granted under a flood endorsement in an all risks policy for entry of water due to heavy rainfall Insurance law – All-risk insurance – Exclusions – Interpretation of policy – Business interruption – Damages – Economic loss – Practice – Leave to appeal – Insured – Rights, duties and liabilities Le Treport Wedding & ...
Coverage granted under commercial automobile policy for bus involved in an accident the day after acquisition Insurance law – Automobile insurance – Ownership of vehicle – Material change in risk – Interpretation of policy – Duty to defend – Insurer – Rights, duties and liabilities PK Construction Ltd. v. Aviva Insurance, [2020] N.S.J. No. 252, ...
Insurance law – Errors and omissions policies – Duty to defend – Exclusions – Breach of contract – Arbitration Panasonic Eco Solutions Canada Inc. v. XL Specialty Insurance Co., [2020] O.J. No. 1252, 2020 ONSC 1502, Ontario Superior Court of Justice, March 9, 2020, M. Koehnen J. The insured sought a declaration that the insurer ...
Insurance law – Liability insurance – Limitation of actions – Practice – Summary judgments – Appeals Ferrer v. Janik, [2020] B.C.J. No. 370, 2020 BCCA 83, British Columbia Court of Appeal, March 5, 2020, H. Groberman, A.W. MacKenzie, S. Stromberg-Stein JJ.A. The appellant plaintiffs discovered water leaking into their house two months after purchasing their ...
A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance ...
