BC court affirms the insurer’s obligation to save harmless the insured from the costs of defending the action encompasses third-party proceedings

14. December 2016 0
Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Insurance law – Actions – Duty to defend – Third parties – ...

Trickery and fraud exclusion clause of homeowner’s policy applied: coverage was denied for fraudulent scheme

14. December 2016 0
The insured sought coverage under a homeowner policy after suffering a financial loss as a result of her voluntary participation in what turned out to be a fraudulent scheme. The denial was upheld at trial on the basis of the trickery and fraud exclusion. Insurance law – Homeowner’s insurance – Policies and insurance contracts – ...

BC Court of Appeal held that insurer’s settlement demands letter didn’t constitute confirmation of a cause of action

19. September 2016 0
A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period.  A summary trial decision dismissing the action as statute barred was upheld on ...

The insurer’s motion to strike an action for the diminished value of a vehicle involved in a motor vehicle accident was dismissed. The action raised a triable issue and the court noted that a claim for diminished value may exist in Ontario. The issue was within the jurisdiction of the small claims court.

19. September 2016 0
Insurance law – Automobile insurance – Policies and insurance contracts – Statutory conditions – No-fault coverage – Damages – Special damages – Diminished value – Statutory provisions Renwick v. Allstate Insurance Co. of Canada, [2016] O.J. No. 3811, Ontario Superior Court of Justice, Small Claims Court, January 12, 2016, J. Prattas Deputy J. The insured ...