In considering a claim for coverage, allegedly negligent acts will not be considered the same as allegedly intentional acts for the purpose of the derivative claim analysis if it is possible that the acts were not committed with the same intention or state of mind as other causes of action in the pleading

15. November 2017 0
Insurance law – Homeowner’s insurance – Bodily injury – Exclusions – Duty to defend – Derivative claims – Actions – Intentional torts – Practice – Pleadings Co-operators General Insurance Co. v. Kane, [2017] B.C.J. No. 1920, 2017 BCSC 1720, British Columbia Supreme Court, September 27, 2017, S.C. Fitzpatrick J. The insured sought defence and indemnity ...

Vehicle damage arising from a lessee’s arson does not fall within the conversion exclusion clause in Division 5 of the ICBC Autoplan Optional Policy, and an innocent lessor may accordingly be entitled to coverage

Automobile insurance – Actions – Intentional torts – Policies and insurance contracts – Coverage – Interpretation of policy – Defences to exclude coverage – Damages – tort claims CIT Financial Ltd. v. Insurance Corporation of British Columbia, 2017 BCJ No 753, 2017 BCSC 641, British Columbia Supreme Court, April 20, 2017, N. Kent J. This ...

A dispute clause allowing an insurer to defer its indemnity obligations in cases where a dispute exists between an insured and a third party, may be enforceable, even where the insurer is subrogated to the disputed rights and has effective control over the resolution of that dispute

18. April 2017 0
Insurance law – Policies and insurance contracts – Good faith – Third parties – Subrogation – Insurer – Rights, duties and liabilities – Actions Bassett & Walker International Inc. v. Export Development Canada, [2017] O.J. No. 804, 2017 ONSC 618, Ontario Superior Court of Justice, January 27, 2017, J.T. Akbarali This action arises out of ...

Title insurance policies that exclude coverage where mortgage proceeds are paid to parties other than the registered title holder, cannot exclude coverage if payment is made to counsel to the registered title holder, unless there is clear language to the contrary

18. April 2017 0
Insurance law – Title insurance – Exclusion clauses – Policies and insurance contracts – Coverage – Interpretation of policy – Insurer – Rights, duties and liabilities – Actions Nodel v. Stewart Title Guaranty Co., [2017] O.J. No. 649, 2017 ONSC 890, Ontario Superior Court of Justice, February 8, 2017, W.M. Matheson J. This action arose ...

Possessory rights to chattels do not constitute property within the meaning of section 132(1), R.S.O. 1990, c. I.8

10. February 2017 0
Insurance law – Liability insurance – Practice and procedure – Underlying action – Summary judgments Benedict v Continental Casualty Co., [2016] O.J. No. 6016, 2016 ONSC 7205, Ontario Superior Court of Justice, November 23, 2016, F. Kristjanson J. This action arose out of a coverage dispute triggered by an underlying action for conversion. The plaintiff ...

An automobile insurer that provides coverage for vehicle storage fees is a “person lawfully entitled” to apply for relief under section 24 of the Ontario Repair and Storage Liens Act, R.S.O. 1990, c. R.25

10. February 2017 0
Insurance law – Automobile insurance – Coverage – Policies and insurance contracts – Duties and liabilities of insurer – Right of insurer to subrogation 2237466 Ontario Inc. (c.o.b. 409 Collision Centre (2011)) v. Intact Insurance, [2016] O.J. No. 6336, 2016 ONSC 7711, Ontario Superior Court of Justice, December 8, 2016, I.S. Bloom J. This action ...

A plaintiff passenger is not contributorily negligent for urging an inexperienced driver to take his parents’ vehicle and getting into a vehicle for a ‘joy ride’; an insurer who settles a motor vehicle claim with its insured and seeks to recover from the uninsured party who caused the losses, may prove damages by leading evidence of the reasonableness of that settlement

08. November 2016 0
Insurance law – Automobile insurance – Actions – Consent to drive – Valid driver’s licence – Passengers – Contributory negligence – Damages – Evidence – Settlement of action Caithesan v. Amjad, [2016] O.J. No. 4741, 2016 ONSC 5720, Ontario Superior Court of Justice, September 13, 2016, R. Charney J. The action arose from a ‘joy ...

Compensation under the Ontario Motor Vehicle Accident Claims Fund is not open to parties in Ontario who are living and/or working in Canada illegally, as they do not qualify as ‘ordinarily resident’

08. November 2016 0
Insurance law – Automobile insurance – Benefits – Ontario Motor Vehicle Accident Claims Fund – Unidentified motorist – Jurisdiction – Statutory provisions – Ordinarily resident, definition Silva v. John Doe, [2016] O.J. No. 4921, 2016 ONCA 700, Ontario Court of Appeal, September 23, 2016, E.A. Cronk, P.S. Rouleau and G. Huscroft JJ.A. This action arises ...

A plaintiff’s insurer may be added as a party to a tort action where the tortfeasor’s insurance limits will likely be insufficient, and the plaintiff intends to seek compensation under its insurer’s underinsured liability coverage

19. September 2016 0
Insurance law – Automobile insurance – Underinsured motorist – Statutory provisions – Liability insurance – Motor vehicle accidents – Actions – Practice – Third parties – adding a party MacPherson v. White, [2016] B.C.J. No 1332, 2016 BCSC 1151, British Columbia Supreme Court, June 22, 2016, P.J. Pearlman J. This action arose out of a ...