The insured’s action against her insurer for bad faith handling of her SABs claim is barred by the dispute resolution provisions of section 280 of the Insurance Act. Insurance law – Automobile insurance – Statutory provisions – Bad faith – Damages – Punitive damages – Aggravated damages – Actions – Appeals Stegenga v. Economical Mutual Insurance Co., [2019] ...
The additional insured on a CGL policy was not entitled to coverage because the loss did not arise from the named insured’s operations. The additional insured also failed to establish bad faith against the insurer, negligence against the broker, and bad faith against the broker. Insurance law – Commercial general liability insurance – Interpretation of ...
The insured’s claim for property damage was excluded from coverage by the policy’s illegal drug operations exclusion. Insurance law – Property insurance – Exclusions – Illegal acts – Landlord and tenant – Actions – Limitation of actions – Practice – Summary judgments Lafferty v. Co-Operators General Insurance Co., [2019] A.J. No. 907, 2019 ABQB 515, Alberta ...
Insurance law – Commercial general liability insurance – Duty to defend – Advertising injury – Exclusions – Interpretation of policy – Practice – Pleadings – Appeals – Costs – Special or increased costs Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, [2019] B.C.J. No. 1200, 2019 BCCA 240, British Columbia Court of Appeal, June 28, 2019, H. ...
Insurance law – Commercial general liability insurance – All-risk – Fraud – Exclusion – Practice – Summary judgment Heart Zap Services Inc. v. Lloyd’s Underwriters, [2019] O.J. No. 3441, 2019 ONSC 3667, Ontario Superior Court of Justice, June 28, 2019, J.D. O’Flynn J. The insured is in the business of selling defibrillator units. The insured received an ...
Insurance law – Automobile insurance – Uninsured motorist – Consent to drive – Statutory provisions – Practice – Summary judgments Ip v. Olokun, [2019] O.J. No. 2970, Ontario Superior Court of Justice, June 4, 2019, J. Leiper J. The owner of a vehicle that was involved in a motor vehicle accident (Smith) brought a motion ...
Insurance law – Homeowner’s insurance – Business exclusion – Agents and brokers – Failure to advise of exclusion clauses – Vicarious liability – Breach of contract – Practice – Summary judgments Lynk v. Cooperators General Insurance Co., [2019] A.J. No. 746, 2019 ABQB 417, Alberta Court of Queen’s Bench, June 5, 2019, J.M. Ross J. The defendant ...
Insurance law – Homeowner’s insurance – Proof of loss – Material change in risk – Misrepresentation in obtaining insurance – Practice – Summary judgments Chase v. Personal Insurance Co., [2019] B.C.J. No. 1066, 2019 BCSC 936, British Columbia Supreme Court, June 11, 2019, K.W. Ball J. The defendant insurer brought a summary trial application seeking a ...
Insurance law – Homeowner’s insurance – Proof of loss – Void Ab Initio – Material change in risk – Misrepresentation in obtaining insurance – Practice – Summary judgments Nagy v. BCCA Insurance Corp., [2019] B.C.J. No. 1063, 2019 BCSC 930, British Columbia Supreme Court, June 11, 2019, V. Jackson J. The defendant insurer brought a ...
Insurance law – Builder’s risk policy – Statutory provisions – Rectification – Promissory estoppel PCL Constructors Westcoast Inc. v. Royal & Sun Alliance Insurance Co. of Canada, [2019] B.C.J. No. 929, 2019 BCSC 822, British Columbia Supreme Court, May 23, 2019, C. Murray J. The insured construction company brought a summary trial application seeking a ...
