Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy

12. January 2021 0
A claim for accidental death benefits was dismissed where the insured suffered a cardiac event and ultimately drowned while fishing. Insurance law – Accident and sickness insurance – Benefits – Exclusions – Pre-existing condition – Interpretation of policy Downey v. Scotia Life Insurance Co., [2020] A.J. No. 1118, 2020 ABQB 638, Alberta Court of Queen’s ...

Duty to defend arising where French version of policy found to provide broader coverage than English version

08. December 2020 0
Insurance law – Homeowner’s insurance – Interpretation of policy – Exclusions – Duty to defend – Practice – Leave to appeal Chiasson v. Intact Insurance Co., [2020] N.B.J. No. 112, 2020 NBCA 37, New Brunswick Court of Appeal, June 4, 2020, J.C.M. Richard C.J.N.B., K.A. Quigg and C.A. LeBlond JJ.A. The insurer issued a Homeowners ...

What to do when there are two applicable insurance policies?

10. November 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Additional named insured – Duties and liabilities of insurer – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March 31, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. ...

Insured driver’s failure to take steps to ascertain the negligent driver’s identity may have been reasonable

10. November 2020 0
Insurance law – Automobile insurance – Unidentified motorist – Damages – Practice – Summary judgment v trial Lamb v. Co-operators General Insurance Co., [2020] O.J. No. 3492, 2020 ONSC 4955, Ontario Superior Court of Justice, August 19, 2020, J. Stribopoulos J. The insured commenced an action for damages she suffered when an unidentified motorist struck ...

No coverage where insured failed to prove smoke damage

10. November 2020 0
Insurance law – Commercial general liability insurance – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments – Evidence – Expert evidence Sidhu (c.o.b. Prosperity Electric) v. Aviva Insurance Co. of Canada, [2020] B.C.J. No. 1240, 2020 BCSC 1171, British Columbia Supreme Court, August 7, 2020, S.C. Fitzpatrick J. The insured ...

‘Till liability do us part: wedding bartender’s joint liability results in deduction for underinsured motorist coverage

13. October 2020 0
Underinsured motorist coverage allows deduction of available insurance proceeds from jointly liable parties Insurance law – Automobile insurance – Underinsured motorist – Third parties – Subrogation – Right of insurer to subrogation – Practice – Leave to appeal – Jury trials Tuffnail v. Meekes, [2020] O.J. No. 2371, 2020 ONCA 340, Ontario Court of Appeal, ...