Insurance law – Liability insurance – General contractors – Third parties – Interpretation of policy – Practice – Summary judgments SWAT Consulting Ltd. v. Canadian Western Bank, [2018] A.J. No. 1250, 2018 ABQB 875, Alberta Court of Queen’s Bench, October 24, 2018, Master J.T. Prowse The insurer indemnified the insured for the costs to clean-up ...
Insurance law – Automobile insurance – Third parties – Duty to defend – Limitation of actions – Jurisdiction – Uninsured motorist Harte v. Lavrov, [2018] O.J. No. 3965, 2018 ONSC 4368, Ontario Superior Court of Justice, July 26, 2018, R.A. Lococo J. A vehicle owned by the insured rear-ended the plaintiff in Ontario. The insured’s ...
Insurance law – Automobile insurance – Breach of policy – Good faith – Estoppel – Duties and liabilities of insurer – Waiver Bradfield v. Royal and Sun Alliance Insurance Co. of Canada, [2018] O.J. No. 4072, 2018 ONSC 4477, Ontario Superior Court of Justice, July 20, 2018, A. Sosna J. This action arose out of ...
Insurance law – Homeowner’s insurance – Builder’s risk policy – Coverage – Water damage – Interpretation of policy – Subrogation – Practice – Summary judgments Maio v. Mer Mechanical Inc., [2018] O.J. No. 3800, 2018 ONSC 4426, Ontario Superior Court of Justice, July 18, 2018, P.A. Schreck J. The plaintiffs were homeowners who acted as ...
Insurance law – Automobile insurance – Coverage – Policies and insurance contracts – Duties and liabilities of insurer – Right of insurer to subrogation – Appeals 2237446 Ontario Inc.(c.o.b. 409 Collision Centre (2011)) v. Intact Insurance, [2018] O.J. No. 2195, 2018 ONCA 394, Ontario Court of Appeal, April 24, 2018, C.W. Hourigan, G. Huscroft and ...
Insurance law – Group insurance – Long term disability benefits – Terms of policy – Interpretation of policy – Limitation of actions – Appeals MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA 381, Ontario Court of Appeal, April 19, 2018, J.L. MacFarland, G. Huscroft and I.V.B. Nordheimer JJ.A. The insured employee suffered ...
Insurance law – Costs – Special or increased costs – Double costs – Practice – Settlement of action – Formation and validity Park v. Donnelly, [2018] B.C.J. No. 260, 2018 BCSC 219, British Columbia Supreme Court, February 15, 2018, P.G. Voith J. Prior to trial on a motor vehicle accident claim, the third party insurer ...
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Discoverability – Practice – Parties to action – Adding a party Bhatt v. John Doe, [2018] O.J. No. 759, 2018 ONSC 950, Ontario Superior Court of Justice, February 9, 2018, Master B. McAfee The plaintiffs were passengers ...
Insurance law – Practice – Settlement of action Fairweather v. Davies, [2017] O.J. No. 6180, 2017 ONSC 7051, Ontario Superior Court of Justice, November 27, 2017, J.K. Trimble J. The infant plaintiffs suffered minor injuries in a motor vehicle accident. Their mother served as their litigation guardian. Each plaintiff was to receive $12,500 pursuant to a settlement. After their lawyer’s ...