Court paves path for pro rata distribution in insurance dispute with several claimants

27. September 2023 0
The court determined that multiple claims brought against one lawyer were separate occurrences and that payments to claimants should be on a pro rata basis. Insurance law – Errors and omissions policies – Interpretation of policy – Statutory provisions – Apportionment and contribution of claims – First past the post approach Canadian Lawyers Insurance Association ...

The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”

11. April 2023 0
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 ...

Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same

13. September 2022 0
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 ...

Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim

10. May 2022 0
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 ...

Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture

24. January 2022 0
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 ...

Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”

24. January 2022 0
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 ...

Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints

10. August 2021 0
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 ...

Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards

09. March 2021 0
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 ...

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 ...