Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Costs – Special or increased costs – Practice – Appeal – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2021] B.C.J. No. 243, 2021 BCCA 65, British Columbia Court of Appeal, February 12, 2021, ...
Insurance law – Liability insurance – Property damage – Wrap up policies – Interpretation of policy – Duty to defend – Construction development Crosslinx Transit Solutions Constructors v. Capital Sewer Serving Inc., [2021] O.J. No. 471, 2021 ONSC 1091, Ontario Superior Court of Justice, February 2, 2021, M. Koehnen J. The applicant contractor sought an ...
Insurance law – Builder’s risk policy – Subcontractors – Exclusions – Interpretation of policy – Practice – Leave to Appeal Sher-Bett Construction (Manitoba) Inc. v. Co-Operators General Insurance Co., [2021] M.J. No. 35, 2021 MBCA 10, Manitoba Court of Appeal, February 11, 2021, D.M. Cameron, K.I. Simonsen and L.T. Spivak JJ.A. The insured appealed the ...
Insurance law – Automobile insurance – Fraud – Benefits – Actions – Intentional torts – Practice – Summary judgments – Damages – Punitive damages Traders General Insurance Co. v. Kayes, [2020] O.J. No. 4261, 2020 ONSC 5991, Ontario Superior Court of Justice, October 2, 2020, J. Stribopoulos J. The insurer brought claims against numerous defendants ...
Insurance law – Practice – Settlement of action – Releases – Discretion of court Wannan v. Hutchison, [2020] B.C.J. No. 1306, 2020 BCSC 1233, British Columbia Supreme Court, August 19, 2020, C. Murray J. The plaintiff sued the defendant for damages for injury and loss she alleged she suffered as a result of naturopathic treatments ...
Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Interpretation of policy Hemlow Estate v. Co-operators General Insurance Co., [2021] O.J. No. 419, 2021 ONSC 664, Ontario Superior Court of Justice, January 29, 2021, J.R.H. Turnbull J. The deceased insured worked in the oil analysis business as an oil ...
Insurance law – Errors and omissions policies – Duty to defend – Named insured – Employee – Interpretation of policy – Contra proferentum rule – Defamation – Damages – Punitive damages Brown v. Sovereign General Insurance Co., [2021] O.J. No. 297, 2021 ONSC 511, Ontario Superior Court of Justice, January 21, 2021, P.M. Perell J. ...
Insurance company was required to defend the insured in an underlying action. This was in spite of the insured potentially having made material misrepresentations that will void the coverage if required to pay a judgment. Insurance law – Errors and omissions policies – Misrepresentation in obtaining insurance – Exclusions – Copyright breach – Duty to ...
Auto insurer does not have standing to bring an application for a declaration that the personal insurer defend social event allegations in a motor vehicle accident claim. Insurance law – Automobile insurance – Third parties – Duty to defend – Unjust enrichment Royal & Sun Alliance Insurance Co. of Canada v. Wawanesa Mutual Insurance Co., ...
Insurer relies on marijuana exclusion clause to effectively deny coverage to an innocent homeowner whose property was destroyed by renters, prior to Insurance Act s.129.1 protection amendment for innocent persons coming into force. Insurance law – Homeowner’s insurance – Exclusions – Statutory provisions – Innocent insured – Co-insurance – Interpretation of legislation – Retrospective application ...
