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 ...
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, ...
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. ...
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 ...
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 ...
The insured’s property damage claim under a homeowner’s policy for damage to her house alleged to have been caused by a contractor fell within the “faulty workmanship” exclusion of the insured’s insurance policy, which also excluded resulting damage from faulty workmanship. Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. 3509, June 27, 2014, Ontario ...
A farmer’s action for damages for bodily injuries and accident benefits arising out of an accident that occurred while he was driving an uninsured all-terrain vehicle on a public road was statute barred by virtue of the operation of Ontario’s 267.6(1) of the Insurance Act and s. 30(1)(a) of the Statutory Accident Benefits Schedule. Although ...
At appeal, the court upheld the trial judge’s decision that a tenant’s insertion of cardboard into furnace controls which caused the furnace to run continually until failure, did not fall within the mechanical breakdown or pollution exclusion under the insured landlord’s all-risk insurance policy. The court also upheld the lower court’s decision that the letter ...
A release signed by a plaintiff participating in a zip line activity did not defeat the plaintiff’s claim for injuries sustained in a motor vehicle collision on the defendant zip line operator’s bus travelling from the zipline area. The release was contrary to public policy, which did not allow an owner/operator of a motor vehicle ...
