Insurance law – Property insurance – Proof of loss – Duties and liabilities of insurer – Practice – Breach of contract – Notice – Appeal – Standard of review Westland Insurance Co. v. Pounden, [2021] B.C.J. No. 783, 2021 BCCA 156, British Columbia Court of Appeal, April 16, 2021, M.E. Saunders, S.D. Frankel and J. ...
Court of Appeal awarded damages equivalent to replacement cost of a dwelling where insureds showed they would have replaced the dwelling had they had effective coverage. Insurance law – Property insurance – Landlord and tenant – Exclusions – Damages – Actual cost vs replacement cost – Agents and brokers – Duties and liabilities of agent ...
Court of Appeal overturned finding that a water damage extension extended the definition of insured property to include the land and soil in the insured’s backyard. Insurance law – Homeowner’s insurance – Extension – Interpretation of policy – Practice – Appeals Osborne v. Family Insurance Solutions Inc., [2021] B.C.J. No. 413, 2021 BCCA 104, British ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Third party claims – Occupiers liability – Use of vehicle Wawanesa Mutual Insurance Co. v. Insurance Corp. of British Columbia, [2021] B.C.J. No. 670, 2021 BCSC 595, British Columbia Supreme Court, April 1, 2021, G.P. Weatherill J. Wawanesa Mutual Insurance Company sought a ...
Insurance law – Homeowner’s insurance – Water damage – Vacancy exclusion – Practice – Summary judgments Gregson (Litigation guardian of) v. CAA Insurance Co. (Ontario), [2021] O.J. No. 2168, 2021 ONSC 3041, Ontario Superior Court of Justice, April 23, 2021, M.R. Gibson J. The insurer applied for summary dismissal of the insured’s action seeking coverage ...
Insurance law – Liability insurance – Wrap up policies – Property damage – Duty to defend – Exclusions – Construction development – Duties and liabilities of insurer GFL Infrastructure Group Inc. v. Temple Insurance Co., [2021] O.J. No. 1538, 2021 ONSC 1909, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds ...
Insurance law – Liability insurance – Claims made policy – Renewals of policies – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Backyard Media Inc. v. HDI Global Specialty SE, [2021] O.J. No. 1583, 2021 ONSC 2341, Ontario Superior Court of Justice, March 29, 2021, F.L. Myers J. ...
Insurance law – Automobile insurance – Exclusions – Commercial use vehicle – Statutory provisions [interpretation] Bonn v. Echelon Insurance, [2021] N.S.J. No. 59, 2021 NSSM 2, Nova Scotia Small Claims Court, February 8, 2021, Adjudicator A.M. Richardson, QC The insurer denied coverage based on the carrying of passengers for compensation or hire exclusion after the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Costs – Special or increased costs – Practice – Appeal – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2021] B.C.J. No. 243, 2021 BCCA 65, British Columbia Court of Appeal, February 12, 2021, ...
Insurance law – Liability insurance – Property damage – Wrap up policies – Interpretation of policy – Duty to defend – Construction development Crosslinx Transit Solutions Constructors v. Capital Sewer Serving Inc., [2021] O.J. No. 471, 2021 ONSC 1091, Ontario Superior Court of Justice, February 2, 2021, M. Koehnen J. The applicant contractor sought an ...
