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 ...

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 ...