Insurance law – Automobile insurance – Interpretation of policy – Coverage – No-fault coverage – Chain of causation – Ownership use or operation of motor vehicle – Use of vehicle – Statutory provisions Felix v. Insurance Corporation of British Columbia, 2015 B.C.J. No. 2024, 2015 BCCA 394, Court of Appeal for British Columbia, September 23, ...
Insurance law – Commercial general liability insurance – Interpretation of policy – Exclusions – Pollution exclusions – Duty to defend – Appeals – Standard of review – Pleadings – Underlying action Precision Plating Ltd. v. Axa Pacific Insurance Co., [2015] B.C.J. No. 1262, 2015 BCCA 277, British Columbia Court of Appeal, June 18, 2015, P.A. ...
Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Ownership use or operation of motor vehicle – Chain of causation Economical Mutual Insurance Co. v. Caughy, [2015] O.J. No. 3008, 2015 ONSC 3251, Ontario Superior Court of Justice, June 10, 2015, R.J. Nightingale J. Application by the insurer for a determination ...
Insurance law – Automobile insurance – Policies and insurance contracts – Actions – Statutory provisions – Contracts – Interpretation – Liability insurance – Motor vehicle accidents – Property damage Hafeez v. Sunaric, [2015] O.J. No. 3286, 2015 ONSC 4065, Ontario Superior Court of Justice, June 23, 2015, P.M. Perell J. The insured was involved in ...
Insurance law – Accident and sickness insurance – Bad faith – Damages – Punitive damages – Mental distress – Conflict of laws – Choice of law Branco v. American Home Assurance Co., [2015] S.J. No. 286, 2015 SKCA 71, Saskatchewan Court of Appeal, June 19, 2015, R.G. Richards C.J.S., J.G. Lane and M.J. Herauf JJ.A. ...
Motion by the insured for a declaration of coverage. The insured owned half of a duplex with a dirt floor. The question was whether the policy covered the cost of remediating the dirt floor after it had been contaminated with oil. The court held that remediation was covered under the policy as the definition of “dwelling” included the ...
Motion for summary judgement brought against the insurer by a plaintiff who claimed to be an assignee of the insured’s automobile policy. The action was dismissed. The policy was not assignable in the circumstances. Alternatively, the policy had not been breached and therefore no cause of action was available to the insured or an assignee. Insurance law ...
The insured refused to answer certain questions on discovery on the basis of relevance and lack of knowledge. The court granted the insurer’s motion for an order that the insured produce an alternative representative with the proper knowledge and that the representative be compelled to answer the questions refused on the basis of relevance. Insurance ...
The insured, who had blood alcohol limit three times the legal limit, was killed in a motor boat accident which also injured the passenger. The insurer had no duty to defend or indemnify the insured’s estate in the action brought by the passenger as there was no contractual obligation to defend, and the duty to indemnify ...