While an acid spill may destroy hundreds of vehicles, it does not follow that hundreds of subrogation claims are necessary or desirable

09. June 2020 0
Insurance law – Automobile insurance – Actions – Subrogation – Right of insurer to subrogation – Practice – Summary judgments Insurance Corp. of British Columbia v. Teck Metals Ltd., [2020] B.C.J. No. 295, 2020 BCSC 259, British Columbia Supreme Court, February 26, 2020, W.P. Riley J. The plaintiff insurers applied for an order allowing each ...

Insurers – Be sure of the policy terms before denying coverage

09. June 2020 0
Insurance law – Commercial general liability insurance – Property damage – Interpretation of policy – Exclusions – Excess liability – Practice – Appeal – Summary judgments Community Electric Ltd. v. Royal & Sun Alliance Insurance Company of Canada, [2020] S.J. No. 53, 2020 SKCA 17, Saskatchewan Court of Appeal, February 21, 2020, R.K. Ottenbreit, L.M. ...

Don’t keep your grow-op a secret from your home insurer

Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...

No limits on mitigation of loss coverage

Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...

What not to do when terminating a policy

12. May 2020 0
Insurance law – Automobile insurance – Statutory obligations – Cancellation of policy, time cancellation in effect – Arbitration – Practice – Appeals – Standard of review Allstate Insurance Co. v. Ontario (Minister of Finance), [2020] O.J. No. 726, 2020 ONSC 830, Ontario Superior Court of Justice, February 6, 2020, B. Davies J. The insurer cancelled ...

Traveling insureds beware: know the jurisdiction of your policy

12. May 2020 0
Insurance law – Automobile insurance – Territorial limitations – Underinsured motorist – Practice – Appeals – Standard of review – Summary judgments – Availability Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49, Alberta Court of Appeal, February 4, 2020, B.L. Veldhuis, F.L. Schutz and M.G. Crighton JJ.A. The insured pedestrian ...

Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...

Jumping into back of pick-up sufficient to occupy it

10. March 2020 0
Insurance law – Accident and sickness insurance – Priority coverage – Interpretation of policy – Entitlement to benefits – Practice – Appeals – Standard of review Liberty Mutual Insurance v. Intact Insurance, [2019] N.J. No. 392, 2019 NLCA 76, Newfoundland and Labrador Court of Appeal, December 20, 2019, B.G. Welsh, L.R. Hoegg and W.H. Goodridge ...

Insurer pays for insured to dispute scope of proposed repairs

10. March 2020 0
Insurance law – Fire insurance – Extension – Interpretation of policy Be In Christ Church of Canada (c.o.b. Welland Brethren in Christ Church) v. Intact Insurance Co., [2019] O.J. No. 6485, 2019 ONSC 7412, Ontario Superior Court of Justice, December 20, 2019, D.L. Edwards J. A dispute arose following a fire loss. The insurer obtained ...