No material change prior to complete fire loss

14. September 2021 0
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, ...

Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint

Insurance law – Automobile insurance – Exclusions – Commercial use vehicle – Statutory provisions [interpretation] Bonn v. Echelon Insurance, [2021] N.S.J. No. 59, 2021 NSSM 2, Nova Scotia Small Claims Court, February 8, 2021, Adjudicator A.M. Richardson, QC The insurer denied coverage based on the carrying of passengers for compensation or hire exclusion after the ...

No policy limit for mitigation of loss coverage

Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Costs – Special or increased costs – Practice – Appeal – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2021] B.C.J. No. 243, 2021 BCCA 65, British Columbia Court of Appeal, February 12, 2021, ...

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 ...