Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime

11. April 2023 0
Insurance law – Commercial general liability insurance – Duty to defend – Occurrence vs. claims based policy – Interpretation of policy – Practice – Appeals Forest Hill Fine Homes Inc. v. Heartland Farm Mutual Insurance Co., [2023] O.J. No. 1211, 2023 ONCA 171, Ontario Court of Appeal, March 15, 2023, S.E. Pepall, A.L. Harvison Young ...

Coverage down the toilet due to vacancy

10. January 2023 0
Insurance law – Homeowner’s insurance – Exclusions – Water damage – Interpretation of policy – Practice – Summary judgments Morgan v. Co-operators General Insurance Co., [2022] O.J. No. 5674, 2022 ONSC 7254, Ontario Superior Court of Justice, December 21, 2022, MacNeil J. The insured sought coverage for water damage to his townhouse under his home ...

Seven years too late for coverage

10. January 2023 0
Insurance law – Homeowner’s insurance – Delay – Relief against forfeiture – Duties and liabilities of insured Searles v. Economical Insurance, [2022] O.J. No. 5784, 2022 ONSC 7217, Ontario Superior Court of Justice, December 29, 2022, The Honourable Mr. Justice Pierre E. Roger The insureds purchased a home insurance policy, which was in force when ...

Coverage dried up for desiccant supplier

09. August 2022 0
Insurance law – Liability insurance – Wrap up policies – Interpretation of policy – Construction development – Duties and liabilities of insured – Practice – Summary judgments Strata Plan BCS 3206 v. KBK No. 11 Ventures Ltd., [2022] B.C.J. No. 821, 2022 BCSC 766, British Columbia Supreme Court, May 10, 2022, M.B. Blok J. Honeywell ...

Bullying is indefensible

22. February 2022 0
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Bodily injury – Intentional acts – Duties and liabilities of insurer R.C. v. Western Assurance Co., [2022] O.J. No. 21, 2022 ONSC 100, Ontario Superior Court of Justice, January 5, 2022, K. Muszynski J. The insureds sought a defence under their homeowner’s policy ...

Slippery slope not expected or intended

14. September 2021 0
Insurance law – Liability insurance – Public entity – Duty to defend – Property damage – Occurrence – Exclusions AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2021] O.J. No. 4339, 2021 ONSC 5372, Ontario Superior Court of Justice, August 4, 2021, W. Black J. The insured city was sued by homeowners for slope degradation ...

Accident benefits to the detriment of the insured

14. September 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Deductible – Future benefits Rix v. Koch, [2021] B.C.J. No. 1710, 2021 BCSC 1526, British Columbia Supreme Court, August 5, 2021, D. MacDonald J. Following trial in a motor-vehicle claim, the defendants applied post-trial to make deductions to the cost of future care award ...

Wrapping up the duty to defend

Insurance law – Liability insurance – Wrap up policies – Property damage – Duty to defend – Exclusions – Construction development – Duties and liabilities of insurer GFL Infrastructure Group Inc. v. Temple Insurance Co., [2021] O.J. No. 1538, 2021 ONSC 1909, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds ...