Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies

08. November 2022 0
Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy Emond v. Trillium Mutual Insurance Co., [2022] O.J. No. 4347, 2022 ONSC 5519, Ontario Superior Court of Justice, September 29, 2022, R.M.R. Bell J. The insureds brought an application against their home insurer seeking indemnity for the costs of rebuilding their house which was ...

Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim

Insurance law – Homeowner’s insurance – Fire – Breach of policy – Good faith – Interpretation of legislation – Damages – Punitive damages – Practice – Summary judgments Green Estate v. Sonnet Insurance Co., [2022] B.C.J. No. 768, 2022 BCSC 709, British Columbia Supreme Court, May 3, 2022, W.B. Milman J. An executor brought an ...

Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect

Insurance law – Property law – Landlord and tenant – Criminal acts – Exclusions – Marijuana – Illegal activity – Interpretation of legislation – Retroactive application of legislation – Practice – Leave to appeal Lin v. Weng, [2022] O.J. No. 2150, 2022 ONCA 367, Ontario Court of Appeal, May 9, 2022, K.N. Feldman, K.M. van ...

The tort of intrusion upon seclusion is not accidental

14. September 2021 0
Insurance law – Liability insurance – Occurrence – Derivative claims – Interpretation of policy – Exclusions – Duty to defend – Intentional torts – Practice – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2021] O.J. No. 1413, 2021 ONSC 2095, Ontario Superior Court of Justice, March 10, 2021, W.S. Chalmers J. The insured ...

Intellectual property agreements are personal contracts

09. March 2021 0
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. ...