Insurance law – Commercial general liability insurance – Occurrence policy – Property damage – Pollution exclusions – Duty to defend – Rights and duties of insurer – Interpretation of policy – Costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2019] B.C.J. No. 550, 2019 BCCA 110, British Columbia Court of Appeal, April 5, 2019, ...
Insurance law – Automobile insurance – Third parties – Excess liability – Practice – Settlement of action House (Litigation Guardian of) v. Baird, [2019] O.J. No. 1312, 2019 ONSC 1712, Ontario Superior Court of Justice, March 15, 2019, C.D. Braid J. The parties to a series of claims arising out of a motor vehicle accident sought ...
Insurance law – Life insurance – Key man insurance – Beneficiaries – Practice – Summary judgments – Appeal – Evidence Brown v. Laurie, [2019] O.J. No. 1164, 2019 ONCA 175, Ontario Court of Appeal, March 6, 2019, J.M. Simmons, M.H. Tulloch and D.M. Brown JJ.A. The defendant/appellant appealed a partial summary judgment granted in favour of ...
Insurance law – Property insurance – Builder’s risk insurance – Interpretation of policy – Exclusion – Practice – appeal Team Mechanical Construction Ltd. v. Viking Fire Protection Inc., [2019] N.J. No. 73, 2019 NLCA 13, Newfoundland and Labrador Court of Appeal, March 6, 2019, J.D. Green C.J.N.L., B.G. Welsh and F.P. O’Brien JJ.A. The insurer appealed ...
Insurance law – Automobile insurance – Trailer – Collision – Exclusions – Interpretation of policy – Damages Targett v. Royal and Sun Alliance Co., [2019] N.J. No. 91, 2019 NLPC 1318C00191, Newfoundland and Labrador Provincial Court, March 22, 2019, W. Gorman Prov. Ct. J. The insured owned a travel trailer that was damaged when the roof ...
Insurance law – Automobile insurance – Exclusions – Unidentified motorist – Uninsured motorist – Chain of causation – Ownership – use or operation of motor vehicle – Statutory provisions – Practice – Summary judgments Gilbraith v. Intact Insurance Co., [2019] O.J. No. 1523, 2019 ONSC 1875, Ontario Superior Court of Justice, March 22, 2019, A. Sosna ...
Insurance law – Homeowner’s insurance – Tenant – Interpretation of policy – Exclusion – Practice – Underlying action Traders General Insurance Co. v. Gibson, [2019] O.J. No. 1261, 2019 ONSC 1599, Ontario Superior Court of Justice, March 12, 2019, C.J. Brown J. The insurer sought a declaration that it was not required to indemnify the ...
Insurance law – Automobile insurance – Permanent impairment – definition – Statutory provisions Mann v. Jeffersen, [2019] O.J. No. 1073, 2019 ONSC 1107, Ontario Superior Court of Justice, February 19, 2019, J.K. Trimble J. The defendants in a motor vehicle action sought an order that the plaintiff had not proven he suffered a “permanent serious ...
Insurance law – Costs – Duties and liabilities of insurer Peter B. Cozzi Professional Corp. v. Szot, [2019] O.J. No. 921, 2019 ONSC 1274, Ontario Superior Court of Justice, February 22, 2019, S. Nishikawa J. The applicant lawyer sought a declaration that proceeds of an After the Event (ATE) policy were the property of the plaintiff ...
Insurance law – Commercial general liability insurance – Homeowner’s insurance – Duty to defend – Excess liability – Estoppel Royal & Sun Alliance Insurance Co. v. Intact Financial Corp., [2019] O.J. No. 969, 2019 ONSC 1339, Ontario Superior Court of Justice, February 26, 2019, E.M. Morgan J. The applicant insurer sought an order requiring the ...