Soil under the house was not insured property under homeowner’s policy

15. April 2016 0
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Insurance law – Homeowner’s insurance – Property insurance – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – definition Snow v. Royal ...

Regulation capping benefits for attendant care services provided by a family member at economic loss sustained by that family member did not apply retrospectively

21. December 2015 0
Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Attendant care – Statutory provisions – interpretation – Retrospective application of legislation Davis v. Wawanesa Mutual Insurance Co., [2015] O.J. No. 5571, October 27, 2015, Ontario Superior Court of Justice, E. Quinlan J.

The dismissal of an insurer’s subrogated claim against an unnamed insured was upheld on appeal

21. December 2015 0
Insurance law – Automobile insurance – Homeowner’s insurance – Subrogation – Right of insurer to subrogation – Policies and insurance contracts – Unnamed insured – Multiple policies – Apportionment and contribution of claim Rochon v. Rochon, [2015] O.J. No. 5788, November 6, 2015, Ontario Court of Appeal, J.M. Simmons, G.J. Epstein and G.I. Pardu JJ.A.

Plaintiff’s Mileage Costs and Pain Program Costs Deducted from Damages Award as they Qualified for No Fault Benefits

20. October 2015 0
The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits. Insurance law – Automobile insurance – Benefits ...

A third party insurer’s duty to defend the additional insured municipality was limited to defending the claims insured and did not include those parts of an action that alleged negligence by the municipality or its employees

Insurance law – Liability insurance – Commercial general liability insurance – Interpretation of policy – Duty to defend – Additional named insured Carneiro v. Durham (Regional Municipality), [2015] O.J. No. 1842, 2015 ONSC 2427, Ontario Superior Court of Justice, April 15, 2015, G.D. Lemon J. The applicant municipality sought an order that its snow removal ...

The contractual limitation period for an insured to sue on a breach of the insurance policy, which provided coverage for damages involving an unidentified automobile, did not begin to run until the insured’s demand for coverage was denied

Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Statutory provisions Tucker v. Unknown Person; Tucker v. AXA General Insurance, [2015] N.J. No. 129, 2015 NLCA 21, Newfoundland and Labrador Supreme Court – Court of Appeal, April 21, 2015, J.D. Green C.J.N.L., B.G. Welsh, M. Rowe, ...

Relief from Forfeiture Granted to Plaintiff who Missed Deadline for Disability Benefits

17. February 2015 0
The insured was granted relief from forfeiture for failing to meet the contractually imposed deadline for submitting a claim for long term disability benefits. Insurance law – Disability insurance – Exclusions – Policies and insurance contracts – Rights and duties of insured – Notice – Relief against forfeiture Dube v. RBC Life Insurance Co.,[2015] O.J. ...

Inconsistent Limitation Periods in Policy Materials Resulted in the Insurer’s Loss of the Limitations Defence

17. February 2015 0
The appeal of a decision finding that the contractual limitation period in a disability insurance policy was ambiguous and therefore unenforceable was dismissed. Insurance law – Disability insurance – Group insurance – Interpretation of policy – Long term disability benefits – Limitation of actions – Running of limitation period – Discoverability – Contra proferentum rule ...

Where a House was Deemed Unsafe for Occupancy, Title Insurance was Found not to Cover the Loss

17. February 2015 0
The applicant homeowners’ summary judgment application brought against their title insurer for breach of contract and breach of good faith was dismissed on the basis that the loss was not covered. Insurance law – Title insurance – Policies and insurance contracts – Interpretation of policy – Coverage – Good faith breach of MacDonald v. Chicago ...