Insurance law – Group insurance – Long term disability benefits – Limitation of actions – Practice – Appeals – Summary judgments Clarke v. Sun Life Assurance Co. of Canada, [2020] O.J. No. 71, 2020 ONCA 11, Ontario Court of Appeal, January 8, 2020, D.M. Brown, G. Huscroft and G.T. Trotter JJ.A. The insured made a ...
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 ...
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 ...
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 ...
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. ...
