A duty from mere possibilities

12. July 2022 0
Insurance law – Liability insurance – Strata corporations – Wrap up policies – Property damage – Exclusions – Deductible – Additional named insured – Duty to defend – Practice – Appeals GFL Infrastructure Group Inc. v. Temple Insurance Company, [2022] O.J. No. 2312, 2022 ONCA 390, Ontario Court of Appeal, May 16, 2022, J.C. MacPherson, ...

It’s a scorcher!

12. July 2022 0
Insurance law – Homeowner’s insurance – Water damage – Exclusions – Interpretation of policy – Practice – Summary judgments Gill v. Wawanesa Mutual Insurance Co., [2022] B.C.J. No. 1048, 2022 BCSC 981, British Columbia Supreme Court, June 10, 2022, C.J. Giaschi J. The insured sought coverage from his insurer pursuant to the sewer back-up endorsement ...

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 ...