Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Discoverability – Practice – Parties to action – Adding a party Bhatt v. John Doe, [2018] O.J. No. 759, 2018 ONSC 950, Ontario Superior Court of Justice, February 9, 2018, Master B. McAfee The plaintiffs were passengers ...
The strata building sprinkler system was held to be a plumbing delivery and distribution system, and therefore defects in material and labour for the sprinkler system enjoyed a two year warranty. Insurance law – Homeowner warranty insurance – Coverage – Expired policy – Property – Strata Corporations Strata Plan 4249 v. Travelers Insurance Co. of Canada, ...
A notation of “PP/LC” which qualified a grant of underinsured motorist coverage excluded coverage for the insured as he was neither a private passenger nor driving a light commercial vehicle, but coverage was found in another policy with a similar underinsured motorist coverage clause that did not contain the qualifying notation. Insurance law – Automobile ...
The insurer was found to have failed to act in good faith in the handling of the insured’s disability claim and the insured was awarded mental distress and punitive damages. Insurance law – Disability insurance – Punitive damages – Mental distress – Medical examination – Good faith Godwin v. Desjardins Financial Security Investments Inc., [2018] ...
A breach of contract claim for failing to add a party as an additional insured in a contractor’s liability policy was time-barred by virtue of the operation of Ontario’s Limitation Act. Insurance law – Liability insurance – Additional named insured – Duty to defend – Contracts – Privity of contract – Limitation of actions Brookstreet ...
An insured’s homeowner’s policy was held not to operate as an excess liability policy, obligating the insurer to contribute to defence costs and settlement respecting a lawsuit arising out of a fall that occurred after hours at the insured’s business premises. Insurance law – Homeowner’s insurance – Bodily injury – Corporate capacity – Excess liability ...
Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Costs – Special costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2017] B.C.J. No. 2670, 2017 BCSC 2397, British Columbia Supreme Court, December 29, 2017, DeWitt-Van Oosten J. The insureds were sued for damages allegedly due to the migration ...
Insurance law – Mortgages – Standard mortgage clause – Priority coverage Travelers Canada v. Elite Builders Inc., [2017] N.J. No. 432, 2017 NLTD(G) 214, Newfoundland and Labrador Supreme Court – Trial Division – General Division, December 22, 2017, G.L. Murphy J. A dispute arose between the Canada Revenue Agency (“CRA”) and a mortgage lender over ...
Insurance law – Automobile insurance – Unidentified motorist – Statutory obligations – Damages – Permanent impairment, definition – Damages – Jury trials Nadarajah v. Aviva Canada Inc., [2017] O.J. No. 6571, 2017 ONSC 7522, Ontario Superior Court of Justice, December 18, 2017, P.J. Monahan J. The insured brought a claim for damages arising out of a motor ...
Insurance law – Liability insurance – Directors and officers liability insurance – Interpretation of policy – Statutory provisions – Practice – Appeals – Summary judgments TD Bank N.A. v. Lloyd’s Underwriters, [2017] O.J. No. 6722, 2017 ONCA 1011, Ontario Court of Appeal, December 21, 2017, J.M. Simmons, D.M. Brown and J.M. Fairburn JJ.A. The insurer appealed ...
