Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Interpretation of policy Hemlow Estate v. Co-operators General Insurance Co., [2021] O.J. No. 419, 2021 ONSC 664, Ontario Superior Court of Justice, January 29, 2021, J.R.H. Turnbull J. The deceased insured worked in the oil analysis business as an oil ...
Insurance law – Errors and omissions policies – Duty to defend – Named insured – Employee – Interpretation of policy – Contra proferentum rule – Defamation – Damages – Punitive damages Brown v. Sovereign General Insurance Co., [2021] O.J. No. 297, 2021 ONSC 511, Ontario Superior Court of Justice, January 21, 2021, P.M. Perell J. ...
Insurer could not rely on oven exclusion in equipment breakdown policy endorsement to deny coverage for a crouton and bread crumb production dryer fire Insurance law – Property insurance – Breach of policy – Exclusions – Business activities – Faulty design – Wear and tear Bowness Real Estate Corp. v. AXA Pacific Insurance Co., [2020] ...
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...
The court must look beyond the surface of a car rental agreement to determine whether the renter is renting in his personal capacity or as an authorized representative of his employer. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions – Appeals Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., ...
Insurance law – Homeowner’s insurance – Title insurance – Water damage – Remediation – Interpretation of policy – Practice – Summary judgments Steer v. Chicago Title Insurance Co., [2019] A.J. No. 565, 2019 ABQB 318, Alberta Court of Queen’s Bench, May 6, 2019, M.H. Hollins J. The plaintiffs purchased a newly built duplex and discovered severe ...
Insurance law – Automobile insurance – Independent medical examination – Terms of policy – Breach of policy – Practice – Leave to appeal Greenidge v. Allstate Insurance Co., [2019] A.J. No. 151, 2019 ABCA 52, Alberta Court of Appeal, February 8, 2019, P.T. Costigan, F.L. Schutz and M.G. Crighton JJ.A. The insured appealed the lower ...
