Insurer’s territorial competence motion for US-made policy relating to losses in BC was dismissed Insurance law – Liability insurance – Pollution – Breach of policy – Practice – Jurisdiction – Location of contract International Raw Materials Ltd. v. Steadfast Insurance Co., [20023] BCJ No. 1589, 2023 BCSC 1389, British Columbia Supreme Court, August 10, 2023, ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer – Practice – Appeals Butterfield v. Intact Insurance Co., [2023] O.J. No. 1518, 2023 ONCA 246, Ontario Court of Appeal, April 6, 2023, J.M. Fairburn A.C.J.O., J.C. MacPherson and B. Miller JJ.A. The insured had ...
Insurance law – Automobile insurance – Exclusions – Theft of vehicle – Passengers – Uninsured motorist – Statutory provisions Burnham v. Co-Operators General Insurance Co., [2022] O.J. No. 3822, 2022 ONSC 4934, Ontario Superior Court of Justice, August 29, 2022, A.J. Goodman J. The plaintiff was a passenger in a stolen vehicle and was seriously ...
Insurance law – Medical travel insurance – Coverage – Good faith, Breach of – Damages – Punitive damages – Costs – Special or increased costs – Practice – Appeals – Duties and liabilities of insurer Stewart v. Lloyd’s Underwriters, [2022] B.C.J. No. 349, 2022 BCCA 84, British Columbia Court of Appeal, March 3, 2022, G.J. ...
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Limitation of actions – Duties and liabilities of insurer – Agents and brokers – Negligent misrepresentation Verrier Estate v. Manufacturers Life Insurance Co., [2022] B.C.J. No. 378, 2022 BCSC 348, British Columbia Supreme Court, March 4, 2022, Master J.W. Bilawich. The ...
Insurance law – Property insurance – Appraisal – Practice – Discovery Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2021] O.J. No. 6230, 2021 ONSC 7309, Ontario Superior Court of Justice, November 4, 2021, B. McAfee Associate J. The insurer sought an order under Rule 32 of the Ontario Rules of Civil Procedure that its experts be ...
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Parties to an action 2748355 Canada Inc. Aviva Insurance Co. of Canada, [2021] O.J. No. 6741, 2021 ONSC 7925, Ontario Superior Court of Justice, December 1, 2021, S. Woodley J. A property manager applied for a declaration that the insurer of ...
Insurance law – Liability insurance – Wrap up policies – Duty to defend – Interpretation of policy – Deductible Distillery S.E. Development Corp. v. Temple Insurance Company, [2021] O.J. No. 1535, 2021 ONSC 1908, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds were the developer and a subcontractor involved in ...
Insurance law – Homeowner’s insurance – Material change in risk – Relief against forfeiture Dubroy v. Canadian Northern Shield Insurance Co., [2021] B.C.J. No. 402, 2021 BCSC 352, British Columbia Supreme Court, March 3, 2021, L. Marchand J. On January 20, 2019, a home owned by the insured was destroyed by fire. In May 2016, ...
