Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices

09. March 2021 0
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 ...

Duty to defend arising where French version of policy found to provide broader coverage than English version

08. December 2020 0
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 ...

Truck drivers and the troubling risk of underinsured motorists

10. December 2019 0
The conditions of the Ontario Automobile Policy applied such that the insured did not have the benefit of any underinsured coverage on his personal vehicle when he was injured on the job with his commercial truck. Insurance law – Automobile insurance – Fleet insurance – Underinsured motorist – Statutory provisions – Exclusions – Practice – Summary ...

LTD plan administrator liable for breach of duty of good faith and aggravated damages: Court makes highest award to date for aggravated damages in this context ($50,000)

10. December 2019 0
The insured was awarded significant aggravated damages as well as substantial punitive damages because of an egregious breach of the duty of good faith by his disability plan’s administrator. Insurance law – Disability insurance – Long-term disability – Jurisdiction of court – Breach of policy – Bad faith – Damages – Aggravated damages – Punitive ...

Court of Appeal upholds lower court’s finding that insurer has duty to defend for advertising liability pursuant to two commercial general liability policies and overturns award of special costs

13. August 2019 0
Insurance law – Commercial general liability insurance – Duty to defend – Advertising injury – Exclusions – Interpretation of policy – Practice – Pleadings – Appeals – Costs – Special or increased costs Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, [2019] B.C.J. No. 1200, 2019 BCCA 240, British Columbia Court of Appeal, June 28, 2019, H. ...

Insured succeeded on summary judgment application as the insured had not voluntarily surrendered defibrillator units as a result of the purchaser’s fraudulent intent. The claim was not excluded as a conditional sale because there was no sale and no evidence of any agreement or intent to withhold title.

13. August 2019 0
Insurance law – Commercial general liability insurance – All-risk – Fraud – Exclusion – Practice – Summary judgment Heart Zap Services Inc. v. Lloyd’s Underwriters, [2019] O.J. No. 3441, 2019 ONSC 3667, Ontario Superior Court of Justice, June 28, 2019, J.D. O’Flynn J. The insured is in the business of selling defibrillator units. The insured received an ...

Insurer liable for damage to roof of insured’s trailer, as well as water damage to trailer that followed despite the water damage not arising immediately

Insurance law – Automobile insurance – Trailer – Collision – Exclusions – Interpretation of policy – Damages Targett v. Royal and Sun Alliance Co., [2019] N.J. No. 91, 2019 NLPC 1318C00191, Newfoundland and Labrador Provincial Court, March 22, 2019, W. Gorman Prov. Ct. J. The insured owned a travel trailer that was damaged when the roof ...

Insurer’s application to summarily dismiss an injured pedestrian’s claim against her father’s automobile insurer where the plaintiff was hit by eggs thrown out of a moving vehicle was dismissed as there was a genuine issue for trial

Insurance law – Automobile insurance – Exclusions – Unidentified motorist – Uninsured motorist – Chain of causation – Ownership – use or operation of motor vehicle – Statutory provisions – Practice – Summary judgments Gilbraith v. Intact Insurance Co., [2019] O.J. No. 1523, 2019 ONSC 1875, Ontario Superior Court of Justice, March 22, 2019, A. Sosna ...