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, ...
Insurance law – Homeowner’s insurance – Misrepresentation – Material change in risk – Fraud – Practice – Appeal Nagy v. BCAA Insurance Corp., [2020] B.C.J. No. 1563, 2020 BCCA 270, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, E.A. Bennett and J.C. Grauer JJ.A. The insurer appealed a summary trial decision that found ...
Insurance law – Automobile insurance – Consent to drive – Unidentified motorist – Statutory provisions – Vicarious liability – Practice – Appeals – Evidence Megaro v. Vanstone, [2020] B.C.J. No. 1561, 2020 BCCA 273, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, G.J. Fitch and J.C. Grauer JJ.A. The insurer appealed the trial ...
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 ...
Insurance law – Disability insurance – Long term disability – Limitation of actions – Breach of policy – Practice – Summary judgments Halladay v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial Corp.), [2020] O.J. No. 2003, 2020 ONSC 2802, Ontario Superior Court of Justice, May 4, 2020, B.W. Abrams J. The insurer brought a motion ...
Insurance law – Group insurance – Long term disability benefits – Limitation of actions – Practice – Appeals – Summary judgments Clarke v. Sun Life Assurance Co. of Canada, [2020] O.J. No. 71, 2020 ONCA 11, Ontario Court of Appeal, January 8, 2020, D.M. Brown, G. Huscroft and G.T. Trotter JJ.A. The insured made a ...
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 ...
An out-of-province insurer who is a PAU signatory, and whose policy covered an insured involved in a motor vehicle accident in Ontario, is bound by the priority provisions under s. 268 of the Ontario Insurance Act. Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Priority coverage – Arbitration Coseco Insurance Co. v. ...
The Court of Appeal affirmed that the insurer was estopped from denying coverage during litigation due to prejudice. Insurance law – Homeowner’s insurance – Duty to defend – Estoppel – Practice – Appeals Commonwell Mutual Insurance Group v. Campbell, [2019] O.J. No. 4357, 2019 ONCA 668, Ontario Court of Appeal, August 26, 2019, D. Paciocco, ...
