Landlord’s insurer entitled to subrogate against tenant notwithstanding language of lease that gave tenant benefit of landlord’s insurance where lease included exception for damage caused by tenant’s negligence

14. August 2018 0
Insurance law – Property insurance – Subrogation – Fire – Landlord and tenant – Commercial tenancy – Leases, share of insurance cost – Appeals – Special case Royal Host Limited Partnership v. 1842259 Ontario Ltd., [2018] O.J. No. 2643, 2018 ONCA 467, Ontario Court of Appeal, May 18, 2018, A. Hoy A.C.J.O., R.G. Juriansz and ...

Insurance obtained by private mortgagee is solely for their own protection and not for that of the mortgagor

10. July 2018 0
Insurance law – Homeowner’s insurance – Mortgages – Standard mortgage clause – Subrogation – Right of insurer to subrogation – Practice – Summary judgments – Appeals Hanson v. Totten Insurance Group Inc., [2018] O.J. No. 2500, 2018 ONCA 446, Ontario Court of Appeal, May 10, 2018, J.L. MacFarland, H.S. LaForme and G.J. Epstein JJ.A. The mortgagors ...

The insurer was a person “person lawfully entitled to” a vehicle under the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25, despite not having resolved the underlying claim with the insured

12. June 2018 0
Insurance law – Automobile insurance – Coverage – Policies and insurance contracts – Duties and liabilities of insurer – Right of insurer to subrogation – Appeals 2237446 Ontario Inc.(c.o.b. 409 Collision Centre (2011)) v. Intact Insurance, [2018] O.J. No. 2195, 2018 ONCA 394, Ontario Court of Appeal, April 24, 2018, C.W. Hourigan, G. Huscroft and ...

The insured employee was entitled to long-term disability benefits for a brain injury suffered on a company trip despite applying for benefits after his employment ceased because the policy did not exclude coverage for claims arising during the course of employment

12. June 2018 0
Insurance law – Group insurance – Long term disability benefits – Terms of policy – Interpretation of policy – Limitation of actions – Appeals MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA 381, Ontario Court of Appeal, April 19, 2018, J.L. MacFarland, G. Huscroft and I.V.B. Nordheimer JJ.A. The insured employee suffered ...

The actual cash value of a ring was held to be the replacement cost without any deduction as the policy did not set out how such a deduction would be calculated and there was no evidence the ring had depreciated in value

12. June 2018 0
Insurance law – Homeowner’s insurance – Interpretation of policy – Damages – Actual cost vs replacement cost Machtinger v. CAA Insurance Co., [2018] O.J. No. 1950, Not available, Ontario Superior Court of Justice – Small Claims Court, April 11, 2018, A. Davis Deputy J. The insured was paid only the actual cash value, as calculated ...

Insured received coverage from automobile policy for an injury sustained when he was pushed while closing his van’s sliding door

12. June 2018 0
Insurance law – Automobile insurance – Ownership, use or operation of motor vehicle – Statutory Accident Benefits Schedule – Practice – Appeals – Standard of review North Waterloo Farmers Mutual Insurance Co. v. Samad, [2018] O.J. No. 1775, 2018 ONSC 2143, Ontario Superior Court of Justice, April 4, 2018, G.P. Smith, J.A. Thorburn and W.M. ...

Insurance coverage for mortgage fraud was not excluded where the mortgage proceeds were paid to the borrower’s lawyer despite an exclusion clause where payment of mortgage proceeds was made to any person or entity other than the borrower

12. June 2018 0
Insurance law – Mortgage insurance – Exclusions – Fraud – Interpretation of policy – Practice – Appeals Nodel v. Stewart Title Guaranty Co., [2018] O.J. No. 1872, 2018 ONCA 341, Ontario Court of Appeal, April 9, 2018, G.J. Epstein, D. Paciocco and I.V.B. Nordheimer JJ.A. The insured was a private mortgage lender and the victim ...

The insured sought coverage under his Ontario automobile insurance policy following an accident on an uninsured ATV in British Columbia. The ATV was not covered by the policy because the ATV was not an “automobile” under the Ontario policy.

12. June 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Automobile – definition – Interprovincial issues – Practice – Appeals – Standard of review Benson v. Belair Insurance Co., [2018] O.J. No. 1883, 2018 ONSC 2297, Ontario Superior Court of Justice, April 9, 2018, G.B. Morawetz R.S.J., J.A. Thorburn and E.R. Tzimas JJ. The ...