Insureds should get their own property valuations

29. August 2023 0
An insurer owed no duty of care to recommend a property valuation assessment Insurance law – Homeowner’s insurance – Replacement cost value – Duty of care – Valuation of property – Negligence of insured Lynch Estate v. Bay of Quinte Mutual Insurance Co., [2023] O.J. No. 2856, 2023 ONSC 3855, Ontario Superior Court of Justice, June 27, 2023, P. Hurley ...

Do not confuse an MGA with an insurer

29. August 2023 0
An insured’s application to add insurers in place of a managing general agent was granted despite the expiry of the limitation period Insurance law – Property insurance – Limitation of actions – Estoppel – Practice – Summary judgments Raubvogel v. Can-Sure Underwriting, [2023] O.J. No. 2786, 2023 ONSC 3705, Ontario Superior Court of Justice, June 21, 2023, J. ...

The Duty to Defend: A Clarion Call

25. July 2023 0
The insurer was required to defend an additional insured because there was at least a mere possibility of coverage based on the allegations in the pleading. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Surrey (City) ...

The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy

25. July 2023 0
Agreements are a two-way street: while coverage under an insurance policy is to be interpreted generously as a matter of public policy, the Court will not favour an interpretation that amounts to ignoring the terms and wording of a policy. Insurance law – Commercial general liability insurance – Excess liability – Interpretation of policy – ...

Don’t worry, you get more than one shot

13. June 2023 0
Property insurance – Proof of loss – Mandatory appraisal – Bad faith – Statutory provisions – Practice – Appeals – Summary judgments – Duties and liabilities of insured Truscott v. Co-Operators General Insurance Co., [2023] O.J. No. 1709, 2023 ONCA 267, Ontario Court of Appeal, April 19, 2023, E.E. Gillese, M.H. Tulloch and L.B. Roberts ...

Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause

13. June 2023 0
Insurance law – Commercial general liability insurance – Exclusions – Interpretation of policy – Duty to defend – Practice – Pleadings – Class actions Aviva Insurance Co. of Canada v. 8262900 Canada Inc. (c.o.b. Carepartners/Community Nursing Services Foundation), [2023] O.J. No. 2041, 2023 ONSC 2641, Ontario Superior Court of Justice, May 1, 2023, M. Koehnen ...

Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system

Insurance law – Commercial general liability insurance – Intentional acts – Exclusions – Duty to defend – Duties and liabilities of insurer – Class actions Ontario v. St. Paul Fire and Marine Insurance Co., [2023] O.J. No. 1170, 2023 ONCA 173, Ontario Court of Appeal, March 15, 2023, D. Paciocco, J.C. George and L.G. Favreau ...

Dispute resolution process under Statutory Condition 11 as to value of insured property is mandatory and agreements reached pursuant to process not subject to review by court

Insurance law – Property insurance – Valuation of property – Good faith – Duties and liabilities of insured Oraniewicz v. Intact Insurance Co., [2023] B.C.J. No. 470, 2023 BCSC 400, British Columbia Supreme Court, March 16, 2023, D.K. Hori J. The insured owned and operated a restaurant and hotel in Kimberly, British Columbia. The insurer ...

No coverage for assault with a knife during psychotic break

Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer – Practice – Appeals Butterfield v. Intact Insurance Co., [2023] O.J. No. 1518, 2023 ONCA 246, Ontario Court of Appeal, April 6, 2023, J.M. Fairburn A.C.J.O., J.C. MacPherson and B. Miller JJ.A. The insured had ...