An insured has an insurable interest in property held as collateral pursuant to a promissory note. However, in the present case, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy. Insurance law – Property insurance – Insurable interest – Promissory estoppel – Exclusions – Damages Windsor v. ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Exclusions – Underinsured motorist – Uninsured motorist – Actions – Abuse of process – Practice – Settlement Wagner (Litigation guardian of) v. Fellows, [2017] O.J. No. 6329, 2017 ONSC 6979, Ontario Superior Court of Justice, December 5, 2017, A. Mullins J. The Minister of ...
Insurance law – Practice – Settlement of action Fairweather v. Davies, [2017] O.J. No. 6180, 2017 ONSC 7051, Ontario Superior Court of Justice, November 27, 2017, J.K. Trimble J. The infant plaintiffs suffered minor injuries in a motor vehicle accident. Their mother served as their litigation guardian. Each plaintiff was to receive $12,500 pursuant to a settlement. After their lawyer’s ...
Coverage was excluded for a rental property under the vacancy exclusion despite the insured living in a trailer beside the home while it was under renovation. Insurance law – Homeowner’s insurance – Exclusions – “Resident” – “Vacant” – Definition – Terms of policy Taylor v. Co-operators General Insurance Co., [2017] A.J. No. 1232, 2017 ABQB 705, Alberta Court ...
Additional insureds were entitled to appoint their own counsel due a conflict which arose because the mix of covered and uncovered claims meant that the additional insureds’ defence directly conflicted with the pecuniary interests of the insurers and there was a risk information obtained for defence purposes might be used against the additional insureds for ...
An insured who operates a motor vehicle contrary to a criminal court order is nevertheless authorized to operate a motor vehicle pursuant to Statutory Condition 4(1). Insurance law – Automobile insurance – Statutory provisions – Exclusions – Appeals – Practice – Settlement of action Middleton v. Pankhurst, [2017] O.J. No. 5661, 2017 ONCA 835, Ontario Court of Appeal, November ...
The status of two insureds as spouses based on a religious ceremony in a foreign jurisdiction is determined first on the basis of the validity of the marriage under the law of the foreign jurisdiction and then by considering whether the marriage is valid in the forum jurisdiction. The insurer has the onus of adducing ...
Insurance law – Automobile insurance – Lessors and lessees – Third parties – Interpretation of policy – Cancellation of policy Coast Capital Equipment Finance Ltd. v. Old Republic Insurance Co. of Canada, [2017] O.J. No. 5768, 2017 ONSC 6694, Ontario Superior Court of Justice, November 7, 2017, P.J. Monahan J. A leased vehicle was involved in a motor vehicle accident ...
Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, 2017 BCSC 1762, British Columbia Supreme Court, October 2, 2017, M.B. Blok J. The insured brought a claim against ICBC for indemnity under her policy of ...
Insurer found to have duty to defend insured in third party proceedings in which it was alleged the insured had breached its contract with the defendant, the Court finding the plaintiff’s claim against the defendant was in negligence and therefore the third party claim could be established on the grounds of negligence. Insurance law – ...
