Mixed success on multiple vehicle arson claim motions

15. September 2020 0
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...

Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...

The insured’s failure to provide her son’s updated contact information did not breach the duty to cooperate

Insurance law – Automobile insurance – Breach of policy – Relief against forfeiture – Practice – Appeal – Summary judgments Ruddell v. Gore Mutual Insurance Co., [2019] O.J. No. 2130, 2019 ONCA 328, Ontario Court of Appeal, April 25, 2019, K.M. van Rensburg, C.W. Hourigan and G. Huscroft JJ.A. The insured’s son was the driver of ...

Insurer ordered to produce its policies, procedures, guidelines and internal documents concerning how an accident benefits claim was handled in a bad faith action

Insurance law – Automobile insurance – Benefits – Motor vehicle accidents – Bad faith Malloy v. Intact Insurance Co., [2019] N.S.J. No. 170, 2019 NSSC 131, Nova Scotia Supreme Court, April 29, 2019, J.S. Campbell J. The insured was injured in a motor vehicle accident. The insurer accepted the claim for accident benefits, but denied ...