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 ...
Where one insurer is liable to indemnify another for statutory accident benefits, the statutory scheme creates a new and actionable statutory cause of action each time a proper request for indemnification is made and goes unsatisfied. The insurer was liable to satisfy requests made within two years of the notice to arbitrate and any requests ...
The insurer was obligated to assume the defence of an additional named insured because all the plaintiff’s claims potentially arose out of or were related to the primary insured’s operations. Sinclair v. Markham (Town), [2014] O.J. No. 4202, 2014 ONSC 1550, Ontario Superior Court of Justice, September 10, 2014, E.P. Belobaba J.
Coverage was not excluded as against two insureds as a result of an alleged intentional act on the part of another insured, because the claim in negligence against the two insureds was distinct and not derivative of the intentional tort claimed against the other insured. D.E. v. Unifund Assurance Co., [2014] O.J. No. 4271, September ...
The insured’s 19-year-old girlfriend was not considered an unnamed insured despite the fact that she was a member of the insured’s household. The definition of insured under the policy, which included any person under 21 “in the care of” the named insured, was never meant to capture a typical live-in romantic relationship. Ryan v. Canadian Farm ...
Reasonable preventative measures taken by an insured to prevent probable future damages may not be recoverable where the policy excludes coverage for any defect or fault in material or design. This was the case even where an insured loss occurred in an identical piece of machinery as a result of the same defect for which the insured ...
What constitutes a claim for the purposes of the definition of “claim” under a policy of insurance is determined according to an objective test in light of the reality of what the third party communicated to the insured by words or conduct. This does not always require a specific threat of legal proceedings. In this case, a ...
