Insured not entitled to long-term disability benefits under an insurance policy held by former employer

The plaintiff was not entitled to long-term disability benefits under an insurance policy held by his former employer because the plaintiff did not make his claim until after his employment ceased. MacIvor v. Pitney Bowes Inc., [2017] O.J. No. 1161, 2017 ONSC 1550, Ontario Superior Court of Justice, March 7, 2017, A. Pollak J. On April 16, 2005, the plaintiff ...

BCSC exercises its discretion to award costs on a full indemnity basis in LTD insurance dispute

14. March 2017 0
The plaintiff insured was awarded solicitor-client costs against the defendant disability insurer. Insurance law – Disability insurance – Long term disability – Terms of policy – Rights and duties of insured – Costs – Special or increased costs – Third party action Tanious v. Empire Life Insurance Co., [2017] B.C.J. No. 85, 2017 BCSC 85, British Columbia Supreme ...

Insurer has duty to defend in pollution exclusion claim

14. March 2017 0
Because the pleading did not allege sufficient facts about how the pollution escaped from the insured’s underground storage tanks, there was a possibility that the claim fell within the exception to the pollution exclusion clause and the insurer had a duty to defend the insured. Insurance law – Commercial general liability insurance – Umbrella policies ...

Canada Pension Plan disability payments are not income for the purpose of survivor benefits calculations

19. September 2016 0
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Insurance law – Automobile insurance – Benefits – No-fault coverage – Death benefits – Earned income – definition – Statutory provisions – Statutory interpretation Holtby-York ...

Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. Insurance law – Policies and insurance contracts – Misrepresentation in obtaining insurance C.H. Robinson Worldwide ...

Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Insurance law – Agents and brokers – Duties and liabilities of agent – Errors and omissions policies Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. ...