Insurance law – Liability insurance – Wrongful acts – Exclusions – Occurrence vs. claims-based policy Colliers International Group Inc. v. Liberty Mutual Insurance Co., [2022] O.J. No. 4801, 2022 ONSC 6184, Ontario Superior Court of Justice, November 1, 2022, F.L. Myers J. The insured sought indemnity under a claims made professional liability policy. The insurer ...
Insurance law – Property insurance – Insurable interest – Practice – Summary judgments Angleland Holdings Inc. v. Lloyd’s Underwriters, [2021] B.C.J. No. 2234, 2021 BCSC 2019, British Columbia Supreme Court, October 15, 2021, D.W. Thompson J. This was a summary trial on the sole issue of whether the insured had an insurable interest in a ...
Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...
Insurance company was required to defend the insured in an underlying action. This was in spite of the insured potentially having made material misrepresentations that will void the coverage if required to pay a judgment. Insurance law – Errors and omissions policies – Misrepresentation in obtaining insurance – Exclusions – Copyright breach – Duty to ...
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...
Insurance law – Automobile insurance – Actions – Subrogation – Right of insurer to subrogation – Practice – Summary judgments Insurance Corp. of British Columbia v. Teck Metals Ltd., [2020] B.C.J. No. 295, 2020 BCSC 259, British Columbia Supreme Court, February 26, 2020, W.P. Riley J. The plaintiff insurers applied for an order allowing each ...
Insurance law – Commercial general liability insurance – Property damage – Interpretation of policy – Exclusions – Excess liability – Practice – Appeal – Summary judgments Community Electric Ltd. v. Royal & Sun Alliance Insurance Company of Canada, [2020] S.J. No. 53, 2020 SKCA 17, Saskatchewan Court of Appeal, February 21, 2020, R.K. Ottenbreit, L.M. ...
