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, ...
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 ...
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 ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts Obront v. Dominion of Canada General Insurance Co., [2019] O.J. No. 367, 2019 ONSC 594, Ontario Superior Court of Justice, January 25, 2019, L.A. Pattillo J. The insured sought a declaration that the insurer was obliged to defend and indemnify him ...
