Ambiguous exclusions are meaningless

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 does not change entitlement to Part 7 disability benefits

12. January 2021 0
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, ...

Not all bad faith results in punitive damages

12. January 2021 0
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 ...

‘Till liability do us part: wedding bartender’s joint liability results in deduction for underinsured motorist coverage

13. October 2020 0
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, ...

Insurance coverage for a rainy day

13. October 2020 0
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 & ...

Policy interpretation drives the bus

13. October 2020 0
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, ...

Errors and omissions policy omits contractual liability

14. July 2020 0
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 ...

Inspect your contracts: limitation of liability upheld

14. July 2020 0
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 family makes a house a household

10. February 2020 0
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 ...