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 – ...
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 – ...
The insured was rear-ended in a motor vehicle accident. The insurer paid for the repairs to the insured’s vehicle, but refused to compensate the insured for the diminished value of the vehicle. The insured commenced a small claims action for the diminished value and the insurer brought a motion to strike the claim on the ...
The limitation period began to run from the date the insured received a denial letter notifying him that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence ...
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 limitation period began to run from the date the insured received a denial letter that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence of a ...
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 ...
Claims relating to negligent business practices after a patron fell on the insured’s party bus, while non-derivative of the negligent operation claims, arose from or owed their existence to the ownership, use or operation of a bus used in an expected manner such that the claims were excluded from coverage under the CGL policy and ...
The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Insurance law – Automobile insurance – All Terrain Vehicle – Multiple policies – Benefits – Accident – definition – Statutory provisions ...
