Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Independent medical examination – Bad faith – Breach of policy Greenidge v. Allstate Insurance Co., [2018] A.J. No. 416, 2018 ABQB 266, Alberta Court of Queen’s Bench, April 6, 2018, K.G. Nielsen J. The insured refused to attend an independent medical examination arranged by ...
Insurance law – Automobile insurance – Cancellation of policy, time cancellation in effect – Rights and duties of insurer – Interprovincial issues McBrien v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 611, 2018 BCSC 553, British Columbia Supreme Court, April 6, 2018, L.A. Warren J. Following a motor vehicle accident, the insurer argued it ...
Insurance law – Property insurance – Landlord and tenant – Subrogation – Right of insurer to subrogation – Practice – Appeals – Standard of review Youn v. 1427062 Alberta Ltd., [2018] A.J. No. 397, 2018 ABQB 241, Alberta Court of Queen’s Bench, March 27, 2018, C.L. Kenny J. The landlord owned commercial property that included ...
Insurance law – Property insurance – Covenant to insure – Additional named insured – Duty to defend Henry v. Thyssenkrupp Elevator (Canada) Ltd., [2018] O.J. No. 1391, 2018 ONSC 1659, Ontario Superior Court of Justice, March 14, 2018, J.F. Diamond J. The plaintiff sued the owner, property manager, and elevator maintenance company of a residential ...
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Appeals Creative Door Services Ltd. v. Axa Pacific Insurance Co., [2018] A.J. No. 292, 2018 ABCA 98, Alberta Court of Appeal, March 13, 2018, C.A. Fraser C.J.A., P.T. Costigan and M.G. Crighton JJ.A. The insurer appealed an order that it was ...
Insurance law – Homeowner’s insurance – Right of insurer to subrogation – Practice – Appeals Douglas v. Stan Fergusson Fuels Ltd., [2018] O.J. No. 1266, 2018 ONCA 192, Ontario Court of Appeal, March 9, 2018, A. Hoy, A.C.J.O., P.S. Rouleau, C.W. Hourigan, M.L. Benotto and L.B. Roberts JJ.A. An insurer brought a subrogated action in ...
Insurance law – Life insurance – Terms of policy – Rectification – Practice – Appeals Alguire v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial), [2018] O.J. No. 1099, 2018 ONCA 202, Ontario Court of Appeal, March 1, 2018, K.N. Feldman, E.A. Cronk and C.W. Hourigan JJ.A. The insured appealed from the dismissal of his action ...
Insurance law – Automobile insurance – Liability insurance – Multiple policies – Priority coverage – Excess liability coverage – Rights and duties of insurer – Practice – Appeals Benson v. Walt, [2018] O.J. No. 947, 2018 ONCA 172, Ontario Court of Appeal, February 22, 2018, R.J. Sharpe, H.S. LaForme, K.M. van Rensburg JJ.A Following a ...
Insurance law – Automobile insurance – Interpretation of policy – Exclusions – Consent to drive – Contra proferentum rule – Practice – Appeals – Standard of review Cardinal v. Alberta Motor Association Insurance Co., [2018] A.J. No. 195, 2018 ABCA 69, Alberta Court of Appeal, February 21, 2018, P.T. Costigan, B.K. O’Ferrall, T.W. Wakeling JJ.A ...
Insurance law – Costs – Special or increased costs – Double costs – Practice – Settlement of action – Formation and validity Park v. Donnelly, [2018] B.C.J. No. 260, 2018 BCSC 219, British Columbia Supreme Court, February 15, 2018, P.G. Voith J. Prior to trial on a motor vehicle accident claim, the third party insurer ...