Clearing up the pollution of the duty to defend analysis

22. February 2022 0
Insurance law – Property insurance – Exclusions – Pollution – Duty to defend – Practice – Breach of contract vs. negligence – Leave to appeal Hemlow Estate v. Co-Operators General Insurance Co., [2021] O.J. No. 7078, 2021 ONCA 908, Ontario Court of Appeal, December 20, 2021, J.C. MacPherson, J.M. Simmons and I.V.B. Nordheimer JJ.A. The ...

Bullying is indefensible

22. February 2022 0
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Bodily injury – Intentional acts – Duties and liabilities of insurer R.C. v. Western Assurance Co., [2022] O.J. No. 21, 2022 ONSC 100, Ontario Superior Court of Justice, January 5, 2022, K. Muszynski J. The insureds sought a defence under their homeowner’s policy ...

Application for Property Inspection Granted to Insurer

24. January 2022 0
Insurance law – Property insurance – Appraisal – Practice – Discovery Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2021] O.J. No. 6230, 2021 ONSC 7309, Ontario Superior Court of Justice, November 4, 2021, B. McAfee Associate J. The insurer sought an order under Rule 32 of the Ontario Rules of Civil Procedure that its experts be ...

Flawed Duty to Defend Application Dismissed

24. January 2022 0
Insurance law – Commercial general liability insurance – Duty to defend –  Practice – Parties to an action 2748355 Canada Inc. Aviva Insurance Co. of Canada, [2021] O.J. No. 6741, 2021 ONSC 7925, Ontario Superior Court of Justice, December 1, 2021, S. Woodley J. A property manager applied for a declaration that the insurer of ...

Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture

24. January 2022 0
Insurance law – Life insurance – Imperfect compliance vs. non-compliance with policy – Relief against forfeiture – Practice – Summary judgments Smith v. Sun Life Assurance Co. of Canada, [2021] O.J. No. 6137, 2021 ONSC 7109, Ontario Superior Court of Justice, November 1, 2021, J.F. Diamond J. The insured alleged he was disabled due to ...

Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”

24. January 2022 0
Insurance law – Automobile insurance – Statutory provisions – Documentary production – Rights and duties of insured – Rights and duties of insurer Aviva Insurance Co. of Canada v. Ebhodaghe, [2021] O.J. No. 6231, 2021 ONSC 7343, Ontario Superior Court of Justice, November 4, 2021, J. Di Luca J. The insured made a claim against ...