Canadian Insurance Law Blog - Page 109 of 113 -

Standard Ontario automobile insurance policies require the insurance company to provide $200,000 of unidentified driver coverage in its policy of insurance. The insurance company may deduct benefits paid to an insured from private insurance plans from the $200,000 policy limit, even when the result would be less than full indemnification to the insured.

26. March 2004 0

Posted by Harper Grey

Kosanovic v. Wawanesa Mutual Insurance Co., [2004] O.J. No. 1234, Ontario Court of Appeal

Without prejudice letters from an adjuster to a third party who has threatened, but not commenced an action against an insured, can confirm a cause of action and extend the limitation period, if a reasonable person objectively viewing the letters would conclude that the insurer was going to settle the threatened personal injury claim, or at the very least, that the only issue in dispute would be the quantum of the claim

22. March 2004 0

Posted by Harper Grey

Korecki v. Duong, [2004] B.C.J. No. 551, British Columbia Supreme Court

The discoverability principle should be read into a policy of indemnity insurance, such that the limitation period does not commence until the extent of the loss arising from an incident covered by the policy is quantifiable

12. March 2004 0

Posted by Harper Grey

Stuart Estate v. Royal and Sun Alliance Insurance Co. of Canada, [2004] N.S.J. No. 87, Nova Scotia Supreme Court

The Court, in dismissing a motion for summary judgment, was satisfied that the issue of whether the insured had an honest but mistaken belief of valid insurance was a genuine issue for trial

11. March 2004 0

Posted by Harper Grey

Bigley v. Sanders, [2004] O.J. No. 1032, Ontario Superior Court of Justice

An unintentional self-inflicted injury to an intoxicated Insured was found to come within the exclusion clause in the Insurer’s group insurance policy and accordingly the claim by the family of the Insured for accidental death benefits was dismissed

09. March 2004 0

Posted by Harper Grey

Booth v. British Columbia Life & Casualty Co., [2004] B.C.J. No. 431, British Columbia Court of Appeal

An Insured who makes a claim against an unidentified automobile under s.33 of the Newfoundland Insurance Act is required to prove that all reasonable efforts in the circumstances were made to ascertain the identity of the owner or driver of the unidentified automobile and the reasonableness of such efforts is to be judged from the time of the accident, not when the Insured becomes aware of the injury and potential cause of action

03. March 2004 0

Posted by Harper Grey

Donovan v. McCain Foods Ltd., [2004] N.J. No. 70, Newfoundland and Labrador Supreme Court – Court of Appeal

The Court held that the bank and insurer did not have an agency relationship with respect to line of credit life insurance. Accordingly, no contract of insurance was created by the mere submission of an insurance application to the bank. Nominal damages were awarded for the bank’s breach of contract and breach of duty of care.

02. March 2004 0

Posted by Harper Grey

True Blue Cattle Co. v. Toronto-Dominion Bank, [2004] A.J. No. 267, Alberta Court of Queen’s Bench

The Insured was not entitled to recover against the Insurer or the Brokers for losses arising out of three instances of defective workmanship on reconditioned farm equipment since the CGL policy provided by the Insurer excluded losses of that nature. The Broker was not the agent of the Insurer and did not negligently misrepresent the nature of the policy to the Insured.

01. March 2004 0

Posted by Harper Grey

Moody’s Equipment Ltd. v. Royal and Sun Alliance Insurance Co. of Canada, [2004] S.J. No. 113, Saskatchewan Court of Queen’s Bench

The Appellant Insurer was not entitled to rely on a ratability clause pertaining to “sue and labour” expenditures as the application of that clause was limited by the policy to specific circumstances which were not present on the facts. Nor did section 79(2) of the Marine Insurance Act apply to reduce the recovery of the Insured since the loss arose from a peril insured against, namely vandalism.

01. March 2004 0

Posted by Harper Grey

North Coast Sea Products Ltd. v. ING Insurance Co. of Canada, [2004] B.C.J. No. 375, British Columbia Court of Appeal

The Alberta Insurance Act allows an automobile Insurer, after a total loss, to subtract the policy deductible from the actual cash value of the automobile paid to the Insured and then take title to the salvage

27. February 2004 0

Posted by Harper Grey

Pauli v. Ace Ina Insurance Co., [2004] A.J. No. 185, Alberta Court of Appeal

Search Anything