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 ...
Insurance law – Homeowner’s insurance – Misrepresentation – Material change in risk – Fraud – Practice – Appeal Nagy v. BCAA Insurance Corp., [2020] B.C.J. No. 1563, 2020 BCCA 270, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, E.A. Bennett and J.C. Grauer JJ.A. The insurer appealed a summary trial decision that found ...
Insurance law – Automobile insurance – Consent to drive – Unidentified motorist – Statutory provisions – Vicarious liability – Practice – Appeals – Evidence Megaro v. Vanstone, [2020] B.C.J. No. 1561, 2020 BCCA 273, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, G.J. Fitch and J.C. Grauer JJ.A. The insurer appealed the trial ...
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 ...
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. ...
Insurance law – Liability insurance – Additional named insured – Exclusions – Interpretation of policy – Good faith, breach of – Duties and liabilities of insurer – Practice – Appeals Sky Solar (Canada) Ltd. v. Economical Mutual Insurance Co., [2020] O.J. No. 3750, 2020 ONCA 558, Ontario Court of Appeal, September 9, 2020, G.R. Strathy ...
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 ...
Insurance law – Automobile insurance – Conviction of dangerous driving – Exclusions – Statutory provisions – Third parties – Damages – Practice – Summary judgments Vyas v. Brown, [2020] O.J. No. 3464, 2020 ONSC 4916, Ontario Superior Court of Justice, August 4, 2020, S. O’Brien J. The insured was driving on a highway at a ...
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 ...
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, ...
