Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Practice – Summary judgments Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, Alberta Court of Queen’s Bench, November 22, 2018, G.S. Dunlop J. The insureds brought a summary trial application seeking a declaration as ...
Insurance law – Mortgage life insurance – Exclusions – Criminal offences – Evidence of parties – Practice – Appeals – Summary judgments Valentyne Estate v. Canada Life Assurance Co., [2018] B.C.J. No. 6984, 2018 BCCA 484, British Columbia Court of Appeal, December 27, 2018, E.A. Bennett, S. Stromberg-Stein and J.E.D. Savage JJ.A. The British Columbia ...
Insurance law – Automobile insurance – Unidentified motorist – Statutory provisions – Practice – Appeals – Summary judgments Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482, British Columbia Court of Appeal, December 20, 2018, S.D. Frankel, K.C. Mackenzie and D.C. Harris JJ.A. The British Columbia Court of Appeal heard ...
Insurance law – Commercial general liability insurance – Builder’s risk – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments Community Electric Ltd. v. Sun Alliance Insurance Co., [2018] S.J. No. 484, 2018 SKQB 319, Saskatchewan Court of Queen’s Bench, November 20, 2018, G.M. Currie J. The insured applied for summary ...
Insurance law – Automobile insurance – Care custody or control of motor vehicle – Underinsured motorist – Uninsured motorist – Third parties – Bad faith – Practice – Summary judgments McKay v. Park, [2018] O.J. No. 6521, 2018 ONSC 7346, Ontario Superior Court of Justice, December 7, 2018, H. McArthur J. This summary judgment motion ...
Insurance law – Agents and brokers – Breach of contract – Practice – Summary judgments Canadian Northern Shield Insurance Co. v. 2421593 Canadian Inc., [2018] O.J. No. 5879, 2018 ONSC 3627, Ontario Superior Court of Justice, November 13, 2018, L.A. Pattillo J. The insurer sought damages for breach of contract against an insurance broker in ...
Insurance law – Interpretation of policy – Contra proferentum rule – Practice – Summary judgments SSQ Insurance Co. v. Sutherland, [2018] A.J. No. 1337, 2018 ABQB 934, Alberta Court of Queen’s Bench, November 15, 2018, Master S.L. Schulz The insurer alleged it overpaid its insured and sought repayment by way of summary judgment. The insured ...
Insurance law – Liability insurance – Homeowner’s policy – Exclusions – Personal injury – Duty to defend – Waiver – Estoppel Commonwell Mutual Assurance Group v. Campbell, [2018] O.J. No. 5152, 2018 ONSC 5899, Ontario Superior Court of Justice, October 4, 2018, C.U.C. MacLeod J. In April 2015, the insured was sued following a collision ...
The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5). Insurance law – Automobile insurance – Diminished value – Interpretation of policy – Statutory provisions – Practice – Summary judgments Dion v. Security National Insurance Co., [2018] A.J. No. 1222, 2018 ABPC ...
Insurance law – Liability insurance – General contractors – Third parties – Interpretation of policy – Practice – Summary judgments SWAT Consulting Ltd. v. Canadian Western Bank, [2018] A.J. No. 1250, 2018 ABQB 875, Alberta Court of Queen’s Bench, October 24, 2018, Master J.T. Prowse The insurer indemnified the insured for the costs to clean-up ...