Playing with fire and subrogation waivers

30. January 2024 0
A waiver of subrogation clause in the rules of a condominium owners’ association did not preclude claims against a unit owner for causing a fire Insurance law – Property insurance – Strata corporations – Subrogation – Right of insurer to subrogation Condominium Corp. No. 0840294 v. Oakley, [2023] A.J. No. 1225, 2023 ABKB 668, Alberta Court of ...

Insureds should get their own property valuations

29. August 2023 0
An insurer owed no duty of care to recommend a property valuation assessment Insurance law – Homeowner’s insurance – Replacement cost value – Duty of care – Valuation of property – Negligence of insured Lynch Estate v. Bay of Quinte Mutual Insurance Co., [2023] O.J. No. 2856, 2023 ONSC 3855, Ontario Superior Court of Justice, June 27, 2023, P. Hurley ...

Do not confuse an MGA with an insurer

29. August 2023 0
An insured’s application to add insurers in place of a managing general agent was granted despite the expiry of the limitation period Insurance law – Property insurance – Limitation of actions – Estoppel – Practice – Summary judgments Raubvogel v. Can-Sure Underwriting, [2023] O.J. No. 2786, 2023 ONSC 3705, Ontario Superior Court of Justice, June 21, 2023, J. ...

Windfall from wildfire reduced covered loss

11. April 2023 0
Insurance law – Commercial general liability insurance – Property damage – Rental loss – Indemnity contract – Interpretation of policy – Practice – Summary judgments – Appeals Shelter Canadian Properties Ltd. v. Aviva Insurance Co. of Canada, [2023] A.J. No. 216, 2023 ABCA 74, Alberta Court of Appeal, March 3, 2023, P.A. Rowbotham, D. Pentelechuk ...

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 ...