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 ...

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, ...