The insurer was not obliged to defend and indemnify the adult child of the named insured because the adult child was not a member of the insured’s household

08. March 2019 0
Insurance law – Homeowner’s insurance – Duty to defend – Members of a household – Interpretation of policy – Practice – Appeal Ferro v. Weiner Estate, [2019] O.J. No. 386, 2019 ONCA 55, Ontario Court of Appeal, January 28, 2019, C.W. Hourigan, B. Miller and G.T. Trotter JJ.A. The insurer appealed a summary trial decision ...

The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5)

11. December 2018 0
The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5). Insurance law – Automobile insurance – Diminished value – Interpretation of policy – Statutory provisions – Practice – Summary judgments Dion v. Security National Insurance Co., [2018] A.J. No. 1222, 2018 ABPC ...

A third party contractor’s claim against the insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismissed

11. December 2018 0
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 ...

The Manitoba Public Insurer was required to defend and indemnify its insured for a motor vehicle accident in Ontario despite the insured’s non-payment of premiums and failure to register his vehicle in Ontario prior to the accident

11. September 2018 0
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 ...

The insurer’s conduct amounted to a waiver of the insured’s breach where the insurer defended the claim without a reservation of rights or a non-waiver agreement for three years before denying coverage. Information indicating that the insured was in breach existed and was available to the insurer three years prior to the denial

11. September 2018 0
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 ...

Motion by a contractor for coverage under a builder’s risk policy was dismissed because the loss was not an event that occurred during the coverage period as the cause of the loss was distinct from the event of the loss

11. September 2018 0
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 ...

The insurer was a person “person lawfully entitled to” a vehicle under the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25, despite not having resolved the underlying claim with the insured

12. June 2018 0
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 ...

The insured employee was entitled to long-term disability benefits for a brain injury suffered on a company trip despite applying for benefits after his employment ceased because the policy did not exclude coverage for claims arising during the course of employment

12. June 2018 0
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 ...

The insurer’s application for double costs following trial was refused on the basis that its formal offer to settle was ambiguous

10. April 2018 0
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 ...