Insurance law – Life insurance – Misrepresentation by insurer – Practice – Summary judgments Kulp Estate v. Cumis Life Insurance, [2019] O.J. No. 6541, 2019 ONSC 7495, Ontario Superior Court of Justice, December 23, 2019, W.U. Tausendfreund J. The insurer brought a summary judgment motion to dismiss the insured’s claims on the basis that there ...
Insurance law – Accident and sickness insurance – Priority coverage – Arbitration – Enforcement of award – Insurer – Rights, duties and liabilities Pembridge Insurance Co. v. Sovereign General Insurance Co., [2019] O.J. No. 6590, 2019 ONSC 7291, Ontario Superior Court of Justice, December 16, 2019, J. Kimmel J. Pembridge appealed from the award of an ...
Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers ...
A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance ...
A rental car insurer was the first loss insurer despite the rental car driver being a listed driver, but not a named insured, under a separate standard Ontario Automobile Policy for two other vehicles. Insurance law – Automobile insurance – First party insured – Named insured, definition – Lessors and lesses – Third parties – ...
The insured driver was intoxicated by alcohol to the point where she was incapable of proper control of her vehicle, thus breaching a condition of her insurance policy. Insurance law – Automobile insurance – Breach of policy – Impaired driver – Care, custody, or control of motor vehicle – Third parties Derkson v. Insurance Corp. ...
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties – Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...
A pedestrian was covered under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse’s use at the time of the accident. Insurance law – Automobile insurance – Statutory Accident Benefits – Interpretation of policy – Uninsured motorist – Practice – Appeals Murphy v. Savoie, [2019] O.J. No. 5004, 2019 ONCA 784, Ontario ...
Insurer not estopped from denying coverage when it acted soon after obtaining new information and there was no prejudice to insured. Insurance law – Automobile insurance – Statutory provisions – Impaired driver – Breach of policy – Estoppel – Practice – Appeals – Discovery Bradfield v. Royal Sun Alliance Insurance Co. of Canada, [2019] O.J. No. ...
An ATV and a dirt bike involved in accidents outside of Ontario were considered automobiles within the meaning of the provisions for statutory accident benefits under Ontario legislation. Insurance law – Automobile insurance – Statutory Accident Benefits – Uninsured motorist – Automobile, definition – Interprovincial issues – Practice – Appeals Benson v. Belair Insurance Co., [2019] O.J. No. 5437, 2019 ONCA 840, ...
