Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss

Insurance law – Property insurance – Mandatory appraisal – Promissory estoppel – Injunctions Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2022] O.J. No. 2196, 2022 ONSC 2613, Ontario Superior Court of Justice, April 29, 2022, P.M. Perell J. A dispute arose between the insurer and the insureds in relation to a fire loss.  The insurer insured ...

Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim

Insurance law – Homeowner’s insurance – Fire – Breach of policy – Good faith – Interpretation of legislation – Damages – Punitive damages – Practice – Summary judgments Green Estate v. Sonnet Insurance Co., [2022] B.C.J. No. 768, 2022 BCSC 709, British Columbia Supreme Court, May 3, 2022, W.B. Milman J. An executor brought an ...

Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect

Insurance law – Property law – Landlord and tenant – Criminal acts – Exclusions – Marijuana – Illegal activity – Interpretation of legislation – Retroactive application of legislation – Practice – Leave to appeal Lin v. Weng, [2022] O.J. No. 2150, 2022 ONCA 367, Ontario Court of Appeal, May 9, 2022, K.N. Feldman, K.M. van ...

Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim

Insurance law – Automobile insurance – Limitation of actions – Running of limitation period – Statutory provisions – Duties and liabilities of insurer – Duties and liabilities of insured Nebozuk v. Northbridge General Insurance Corp., [2022] A.J. No. 375, 2022 ABQB 212, Alberta Court of Queen’s Bench, March 17, 2022, B. Summers J. The insured ...

Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters

Insurance law – Homeowner’s insurance – Commercial general liability insurance – Duty to defend – Duties and liabilities of insurer – Duties and liabilities of insured Security National Insurance Co. v. Gore Mutual Insurance Co., [2022] O.J. No. 1603, 2022 ONSC 2083, Ontario Superior Court of Justice, April 4, 2022, J.M. Fragomeni J. The insured owned ...

Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer

Insurance law – Property insurance – Interpretation of policy – Ambiguity – Exclusions – Contra proferentum rule – Insured – Rights and duties of insured 2102908 Alberta Ltd. v. Intact Insurance Co., [2022] A.J. No. 284, 2022 ABQB 175, Alberta Court of Queen’s Bench, February 28, 2022, S.E. Richardson J. The insured operated a bowling ...

Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial

Insurance law – Medical travel insurance – Coverage – Good faith, Breach of – Damages – Punitive damages – Costs – Special or increased costs – Practice – Appeals – Duties and liabilities of insurer Stewart v. Lloyd’s Underwriters, [2022] B.C.J. No. 349, 2022 BCCA 84, British Columbia Court of Appeal, March 3, 2022, G.J. ...

Insurer not out of time to third party broker following 2013 life insurance denial

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Limitation of actions – Duties and liabilities of insurer – Agents and brokers – Negligent misrepresentation Verrier Estate v. Manufacturers Life Insurance Co., [2022] B.C.J. No. 378, 2022 BCSC 348, British Columbia Supreme Court, March 4, 2022, Master J.W. Bilawich. The ...

Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2022] O.J. No. 226, 2022 ONSC 432, Ontario Superior Court of Justice, January 18, ...

The collaborative appraiser does not need to be independent

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Insurance law – Homeowner’s insurance – Statutory provisions – Interpretation – Bad faith – Appraisals – Appraiser – Practice – Leave to appeal Campbell v. Desjardins General Insurance Group, [2022] O.J. No. 719, 2022 ONCA 128, Ontario Court of Appeal, February 15, 2022, M.L. Benotto, D.M. Brown and A.L. Harvison Young JJ.A. The insurer appealed ...