The prior and pending litigation clause excluded coverage and there was no duty to defend the insured for claims arising out of prior litigation. Insurance law – Liability insurance – Wrongful acts – Duty to defend – Interpretation of policy Spinks v. Lloyd’s Underwriters, [2024] O.J. No. 34, 2024 ONSC 42, Ontario Superior Court of ...
There was no coverage for the cost of making those portions of property that were not damaged by an insured peril by-law compliant. Insurance law – All-risk insurance – By-law coverage – Latent defect – Interpretation of policy – Evidence – Expert evidence Osborne Towers Ltd. et al v. Aviva Insurance Company of Canada et al, ...
The Court of Appeal upheld a $1.5 punitive damages award against a disability insurer, finding that it was warranted in the face of what appeared to be a systemic approach by the insurer’s claims handling team to ignore the insured’s rights under the policy. However, the court found that the trial judge erred in creating ...
The usual interpretation of contracts, which looks to the intention of the parties, is not in play when interpreting s. 5 of the Fair Practices Regulation, Alta.Reg. 128/2001. Insurance law – Life insurance – Interpretation of policy – Terms of policy – Beneficiaries – Conversion – Practice – Summary judgments – Leave to appeal Thomson v. ...
It is important for insurers to be sure of their coverage position before providing positive affirmations of coverage. There must be a meeting of the minds between all parties for an agreement to be valid. Insurance law – Automobile insurance – Priority coverage – Third parties – Lessors and lessees – Duty to defend – ...
A subrogating strata corporation’s insurer was barred from claiming against a short-term renter Insurance law – Property insurance – Landlord and tenant – Strata corporations – Subrogation – Right of insurer to subrogation Strata Plan VR 2213 v. Schappert, [2023] B.C.J. No. 2272, 2023 BCSC 2080, British Columbia Supreme Court, November 27, 2023, S.R. Coval ...
A waiver of subrogation clause in the rules of a condominium owners’ association did not preclude claims against a unit owner for causing a fire Insurance law – Property insurance – Strata corporations – Subrogation – Right of insurer to subrogation Condominium Corp. No. 0840294 v. Oakley, [2023] A.J. No. 1225, 2023 ABKB 668, Alberta Court of ...
Ontario Court of Appeal allows appeal and finds costs incurred to comply with “any law” in repair or replacement of dwelling were excluded from recovery under policy. Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy – Doctrine of reasonable expectation – Practice – Appeals Edmond v. Trillium Mutual Insurance Co., [2023] O.J. ...
The insurer did not have a duty to defend its insured where the policy had a broad exclusion clause that covered the claims made against the insured. Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Interpretation – Third parties – Practice – Summary judgment Kelloway v. Eakins (c.o.b. Jack-O’s ...
Conflicts in expert evidence weigh against suitability for summary trial, particularly where the conflicts leave the Court unable to conclude on an issue in dispute. Insurance law – Stock Throughput insurance – Coverage – Evidence – Practice – Summary judgments – Damages Valley Select Foods Inc. v. Lloyd’s Underwriters, [2023] B.C.J. No. 1318, 2023 BCSC ...