Insurance law – Homeowner’s insurance – All-risk insurance – Water damage – Exclusions – Interpretation of policy – Practice – Summary judgments – Appeals Gill v. Wawanesa Mutual Insurance Co., [2023] B.C.J. No. 339, 2023 BCCA 97, British Columbia Court of Appeal, February 27, 2023, P.M. Willcock, S.A. Griffin and P. Abrioux JJ.A. The insured ...
Insurance law – Homeowner’s insurance – Material misrepresentations – void Ab Initio – Mortgages – Standard mortgage clause – Practice – Appeals Builders Capital (2014) Ltd. v. Aviva Insurance Co. of Canada, [2022] A.J. No. 437, 2022 ABCA 120, Alberta Court of Appeal, April 1, 2022, B.L. Veldhuis, E.A. Hughes and A. Kirker JJ.A. Thttps://canlii.ca/t/jr96qhe ...
Insurance law – Automobile insurance – Limitation of actions – Running of limitation period – Statutory provisions – Duties and liabilities of insurer – Duties and liabilities of insured Nebozuk v. Northbridge General Insurance Corp., [2022] A.J. No. 375, 2022 ABQB 212, Alberta Court of Queen’s Bench, March 17, 2022, B. Summers J. The insured ...
Insurance law – Life insurance – Imperfect compliance vs. non-compliance with policy – Relief against forfeiture – Practice – Summary judgments Smith v. Sun Life Assurance Co. of Canada, [2021] O.J. No. 6137, 2021 ONSC 7109, Ontario Superior Court of Justice, November 1, 2021, J.F. Diamond J. The insured alleged he was disabled due to ...
Insurance law – Automobile insurance – Statutory provisions – Documentary production – Rights and duties of insured – Rights and duties of insurer Aviva Insurance Co. of Canada v. Ebhodaghe, [2021] O.J. No. 6231, 2021 ONSC 7343, Ontario Superior Court of Justice, November 4, 2021, J. Di Luca J. The insured made a claim against ...
Insurance law – Property insurance – Remediation – Exclusions – Interpretation of policy – Practice – Appeals Zurich Insurance Co. v. Halifax (Regional Municipality), [2021] N.S.J. No. 240, 2021 NSCA 43, Nova Scotia Court of Appeal, June 3, 2021, M.J. Wood C.J.N.S., P. Bryson and A.S. Derrick JJ.A. The Halifax Regional Municipality discovered hydrocarbon contamination ...
Insurance law – Automobile insurance – Fraud – Benefits – Actions – Intentional torts – Practice – Summary judgments – Damages – Punitive damages Traders General Insurance Co. v. Kayes, [2020] O.J. No. 4261, 2020 ONSC 5991, Ontario Superior Court of Justice, October 2, 2020, J. Stribopoulos J. The insurer brought claims against numerous defendants ...
Insurance law – Practice – Settlement of action – Releases – Discretion of court Wannan v. Hutchison, [2020] B.C.J. No. 1306, 2020 BCSC 1233, British Columbia Supreme Court, August 19, 2020, C. Murray J. The plaintiff sued the defendant for damages for injury and loss she alleged she suffered as a result of naturopathic treatments ...
Insurance law – Homeowner’s insurance – Interpretation of policy – Exclusions – Duty to defend – Practice – Leave to appeal Chiasson v. Intact Insurance Co., [2020] N.B.J. No. 112, 2020 NBCA 37, New Brunswick Court of Appeal, June 4, 2020, J.C.M. Richard C.J.N.B., K.A. Quigg and C.A. LeBlond JJ.A. The insurer issued a Homeowners ...