Insurance law – Disability insurance – Long term disability – Limitation of actions – Breach of policy – Practice – Summary judgments Halladay v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial Corp.), [2020] O.J. No. 2003, 2020 ONSC 2802, Ontario Superior Court of Justice, May 4, 2020, B.W. Abrams J. The insurer brought a motion ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Class actions Laridae Communications Inc. v. Co-operators General Insurance Co., [2020] O.J. No. 2124, 2020 ONSC 2198, Ontario Superior Court of Justice, May 8, 2020, A. Pollak J. An unauthorized party accessed documents from a secured section ...
Insurance law – Property insurance – All-risk policy – Exclusions – Defective workmanship – Interpretation of policy – Practice – Leave to appeal Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2020] A.J. No. 493, 2020 ABCA 166, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar and D. Pentelechuk JJ.A. ...
Insurance law – Property insurance – Agents and Brokers – Duties and liabilities of agent – Breach of contract – Failure to obtain reasonable coverage – Practice – Leave to appeal 2049390 Ontario Inc. v. Leung, [2020] O.J. No. 935, 2020 ONCA 164, Ontario Court of Appeal, March 3, 2020, D.H. Doherty, D.M. Brown and ...
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2020] A.J. No. 491, 2020 ABCA 161, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar ...
Insurance law – Medical travel insurance – Breach of good faith – Damages – Special damages – Punitive damages – Costs – Special and increased costs Stewart v. Lloyd’s Underwriters, [2020] B.C.J. No. 722, 2020 BCSC 669, British Columbia Supreme Court, April 30, 2020, B.J. Norell J. The insurer was found to have wrongfully denied ...
Insurance law – Commercial general liability insurance – Multiple policies – Excess liability – Additional named insured – Conflict of interest between insurer and insured – Appointment and instruction of counsel – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March ...
Insurance law – Liability insurance – Professional negligence – Duty to defend – Third parties – Interpretation of policy – Multiple policies – Same insurer – Insurer – Rights, duties and liabilities – Practice – Appeals Van Huizen v. Trisura Guarantee Insurance Co., [2020] O.J. No. 1182, 2020 ONCA 222, Ontario Court of Appeal, March ...
In the recent case of McCormick v. Plambeck, 2020 BCSC 881 (“McCormick”), the B.C. Supreme Court dismissed the plaintiff’s claim that two parents owed him a duty of care as social hosts as he was a minor who attended their home in the presence of liquor and/or drugs. In McCormick, the 17-year-old plaintiff attended a ...
