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 ...
Contractual limitation period for making a claim against an excess motor vehicle insurer began to run from the time the insured had accumulated a body of evidence which would give him a reasonable chance of demonstrating that his claim exceeded the limits. Further, it was equitable in the circumstances that the insured was granted a ...
Confirmation of coverage benefits displayed on an online portal and a confirmation statement did not amount to a certificate of coverage so as to create a contractual relationship between the insured and the insurer in an employer group disability benefits plan. The insured had no chance of success in a claim for breach of contract against ...
Coverage under a life insurance policy was found to take effect as of the date the policy was delivered to the deceased insured, and not on the date the deceased insured completed administrative forms accompanying the delivered policy. The failure to advise the insurer of an impending medical test on those administrative forms did not constitute ...
An application by the insurer for a declaration that it had no obligation to defend or indemnify the insured based on a material breach was dismissed. The insured argued successfully that it was entitled to relief from forfeiture pursuant to s.98 of the Courts of Justice Act as the breach was one of imperfect compliance rather ...
