Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio – Practice – Leave to appeal Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2023] O.J. No. 373, 2023 ONCA 54, Ontario ...
Insurance law – Homeowner’s insurance – Duty to defend – Interpretation of policy – Exclusions – Assault – Failure to supervise – Practice – Summary judgments Reeves v. Co-Operators General Insurance Co., [2022] B.C.J. No. 2499, 2022 BCSC 2258, British Columbia Supreme Court, December 23, 2022, C.L. Forth J. The insureds’ son, Isaac, was alleged ...
Insurance law – Automobile insurance – Homeowner’s insurance – Accident – Definition – Ownership, use or operation of motor vehicle – Use of vehicle – Uninsured or underinsured motorist – Interpretation of policy Smith v. Taylor, [2022] O.J. No. 5436, 2022 ONSC 6889, Ontario Superior Court of Justice, December 8, 2022, M.J. Valente J. The ...
Insurance law – Automobile insurance – Automobile, definition – Statutory provisions [interpretation] – Appeals Beaudin v. Travelers Insurance Co. of Canada, [2022] O.J. No. 5102, 2022 ONCA 806, Ontario Court of Appeal, November 23, 2022, E.E. Gillese, B. Miller and S.A. Coroza JJ.A. The insured was riding a dirt bike in a closed course competition ...
Insurance law – Liability insurance – Wrongful acts – Exclusions – Occurrence vs. claims-based policy Colliers International Group Inc. v. Liberty Mutual Insurance Co., [2022] O.J. No. 4801, 2022 ONSC 6184, Ontario Superior Court of Justice, November 1, 2022, F.L. Myers J. The insured sought indemnity under a claims made professional liability policy. The insurer ...
Insurance law – Homeowner’s insurance – Exclusions – Water damage – Interpretation of policy – Practice – Summary judgments Morgan v. Co-operators General Insurance Co., [2022] O.J. No. 5674, 2022 ONSC 7254, Ontario Superior Court of Justice, December 21, 2022, MacNeil J. The insured sought coverage for water damage to his townhouse under his home ...
Insurance law – Homeowner’s insurance – Delay – Relief against forfeiture – Duties and liabilities of insured Searles v. Economical Insurance, [2022] O.J. No. 5784, 2022 ONSC 7217, Ontario Superior Court of Justice, December 29, 2022, The Honourable Mr. Justice Pierre E. Roger The insureds purchased a home insurance policy, which was in force when ...
Insurance law – Accident and sickness insurance – Death benefits – Exclusions – Interpretation of policy – Practice – Summary judgments Arbabbahrami Estate V. MSH International (Canada) Ltd., [2022] O.J. No. 4535, 2022 ONSC 5723, Ontario Superior Court of Justice, October 11, 2022, R. Centa J. The Court held that the deceased insured’s estate was ...
Insurance law – Property insurance – Duty to defend – Exclusions – Extrinsic evidence – Practice – Appeals AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2022] O.J. No. 4509, 2022 ONCA 699, Ontario Court of Appeal, October 14, 2022, E.E. Gillese, G. Huscroft and L. Sossin JJ.A. The Ontario Court of Appeal upheld the ...
Insurance law – Liability insurance – Wrap-up policies – Exclusions – Duty to defend – General contractors – Third parties – Interpretation of policy KBK No. 11 Ventures Ltd. v. XL Insurance Co., [2022] B.C.J. No. 1777, 2022 BCSC 1652, British Columbia Supreme Court, September 21, 2022, W.B. Milman J. Two developers, a construction manager ...