In order to determine the first-loss insurer for a motor vehicle accident, one only needs to look at the rental agreement for a leased vehicle. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., [2018] O.J. No. 5018, 2018 ONSC 5778, Ontario ...
Insurance law – Property insurance – Landlord and tenant – Coverage – Bad faith – Duties and liabilities of insurer – Delay 688857 Ontario Ltd. (c.o.b. A to Z Properties) v. Aviva Insurance Co. of Canada, [2018] O.J. No. 5269, 2018 ONSC 5891, Ontario Superior Court of Justice, October 11, 2018, D.G. Stinson J. The ...
Insurance law – Property insurance – Strata corporations – Multi-peril policy – Exclusions – Appeals – Standard of review Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2018] A.J. No. 1140, 2018 ABQB 674, Alberta Court of Queen’s Bench, September 19, 2018, R.J. Hall J. The insurer successfully appealed a Master’s decision finding ...
Insurance law – Life insurance – Misrepresentation – Interpretation of policy – Class actions – Certification – Limitation periods – Practice – Summary judgments – Appeals Fehr v. Sun Life Assurance Co. of Canada, [2018] O.J. No. 4513, 2018 ONCA 718, Ontario Court of Appeal, September 5, 2018, G.R. Strathy C.J.O., C.W. Hourigan and B. ...
Insurance law – Automobile insurance – Appeals – Priority coverage – Interprovincial issues – Statutory obligations – Arbitration Travelers Insurance Co. v. CAA Insurance Co., [2018] O.J. No. 4681, 2018 ONSC 3911, Ontario Superior Court of Justice, September 13, 2018., A. Pollak J. Travelers appealed a decision of a private arbitrator who determined that Travelers ...
Insurance law – Homeowner’s insurance – Coverage – Exclusions – Water damage – Practice – Summary judgment vs. trial Cotter v. Dominion of Canada General Insurance Co., [2018] B.C.J. No. 3136, 2018 BCSC 1527, British Columbia Supreme Court, September 5, 2018, D.C. MacDonald J. The insured brought an application for a declaration that he was ...
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions Rooplal v. Fodor, [2018] O.J. No. 4460, 2018 ONSC 4985, Ontario Superior Court of Justice, August 20, 2018, V.R. Chiappetta J. The insurer provided unidentified motorist coverage under the Insurance Act, R.S.O. 1990, C. I.8, s.265. The plaintiff applied for leave to add ...
Insurance law – Automobile insurance – Uninsured motorist – Implied consent – Practice – Summary judgments Michaud-Shields v. Gough, [2018] O.J. No. 4329, 2018 ONSC 4977, Ontario Superior Court of Justice, August 21, 2018, C. de Sa J. While the insured was out of town, her son took the keys to her truck despite knowing ...
Insurance law – Automobile insurance – Unidentified motorist – Evidence – Practice – Summary judgments Gardner v. John Doe Driver, [2018] O.J. No. 4128, 2018 ONSC 4639, Ontario Superior Court of Justice, August 2, 2018, P.M. Perell J. The insured was involved in a motor vehicle accident and sued the insurer pursuant to s. 265(1) ...
Insurance law – Professional liability insurance – Duty to defend – Rights and duties of insurer – Interpretation of policy – Practice – Summary judgments Van Huizen v. Trisura Guarantee Insurance Co., [2018] O.J. No. 4188, 2018 ONSC 4828, Ontario Superior Court of Justice, August 10, 2018, P. Hurley J. The insured sought a declaration ...