Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture

24. January 2022 0
Insurance law – Life insurance – Imperfect compliance vs. non-compliance with policy – Relief against forfeiture – Practice – Summary judgments Smith v. Sun Life Assurance Co. of Canada, [2021] O.J. No. 6137, 2021 ONSC 7109, Ontario Superior Court of Justice, November 1, 2021, J.F. Diamond J. The insured alleged he was disabled due to ...

Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”

24. January 2022 0
Insurance law – Automobile insurance – Statutory provisions – Documentary production – Rights and duties of insured – Rights and duties of insurer Aviva Insurance Co. of Canada v. Ebhodaghe, [2021] O.J. No. 6231, 2021 ONSC 7343, Ontario Superior Court of Justice, November 4, 2021, J. Di Luca J. The insured made a claim against ...

Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full

23. December 2021 0
Insurance law – Property insurance – Insurable interest – Practice – Summary judgments Angleland Holdings Inc. v. Lloyd’s Underwriters, [2021] B.C.J. No. 2234, 2021 BCSC 2019, British Columbia Supreme Court, October 15, 2021, D.W. Thompson J. This was a summary trial on the sole issue of whether the insured had an insurable interest in a ...

Insurer entitled to partially deduct Part 7 medication expenses from cost of care award

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Damages – Special damages – Future benefits Xu v. Balaski, [2021] B.C.J. No. 2037, 2021 BCSC 1850, British Columbia Supreme Court, September 22, 2021, K.W. Ball J. The insured brought a claim for damages against defendants in three motor vehicle accidents. Liability was admitted ...

Insured had no expectation of privacy in relation to participation at case conference

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...

Insured alleged to have shaken baby not entitled to defence

09. November 2021 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...

Insured has burden of proof in application to reinstate accident benefits

09. November 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Income replacement benefits – Medical and rehabilitation expenses – Practice – Appeals – Duties and liabilities of insured – Burden of proof Cass v. Saskatchewan Government Insurance, [2021] S.J. No. 408, 2021 SKCA 130, Saskatchewan Court of Appeal, September 29, 2021, G.R. Jackson, L.M. Schwann and J.D. Kalmakoff JJ.A. ...