Insurer found not to have a duty to defend the insureds in an action in which it was alleged they supplied defective grape vines based on three exclusions in a “Business Choice” commercial general liability policy Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Damages Mori-Vines Inc. v. Northbridge ...
Insurance law – Liability insurance – Duty to defend – Additional named insured – Practice – Underlying action Brookfield Johnson Controls Canada LP (c.o.b. Brookfield Global Integrated Solutions) v. Continental Casualty Co., [2017] O.J. No. 5173, 2017 ONSC 5978, Ontario Superior Court of Justice, October 5, 2017, J.E. Ferguson J. The insured sought a declaration ...
Ontario Court of Appeal declines to rule on merits of an appeal in light of an apparent conflict of interest between the insured’s counsel and the insured, given the insured’s counsel had brought an appeal of a decision finding there was no coverage under two additional policies of insurance which, if upheld, would likely result ...
The insurer had a duty to defend a hospital employee who was sued for invasion of privacy allegedly arising out of the insured’s unauthorized access to medical records of a patient outside the insured’s circle of care. Insurance law – Liability insurance – Named insured – Duty to defend – Interpretation of policy Oliveira v. ...
A homeowner’s policy was found to exclude coverage for liability arising from a third party notice issued against an insured where the underlying action was for personal injuries brought by the insured’s son who resided with the insured. Insurance law – Homeowner’s insurance – Exclusions – Actions – Interpretation of policy – Practice – Appeals ...
Insurance law – Liability insurance – Exclusions – Interpretation of policy – Appeals – Standard of review – Class actions Coast Capital Savings Credit Union v. Liberty International Underwriters, [2017] B.C.J. No. 2074, 2017 BCCA 362, British Columbia Court of Appeal, October 20, 2017, D.F. Tysoe, H. Groberman and G. Dickson JJ.A. A class action ...
Insurance law – Automobile insurance – Priority coverage – Arbitration – Practice – Leave to appeal Travelers Insurance Co. v. CAA Insurance Co., [2017] O.J. No. 4929, 2017 ONSC 5659, Ontario Superior Court of Justice, September 22, 2017, L.G. Favreau J. Travelers applied to appeal an arbitrator’s decision that it was the priority insurer in ...
Insurance law – Homeowner’s insurance – Bodily injury – Exclusions – Duty to defend – Derivative claims – Actions – Intentional torts – Practice – Pleadings Co-operators General Insurance Co. v. Kane, [2017] B.C.J. No. 1920, 2017 BCSC 1720, British Columbia Supreme Court, September 27, 2017, S.C. Fitzpatrick J. The insured sought defence and indemnity ...
In determing whether the duty to defend has been triggered, the chambers judge must provide adequate reasons that permit meaningful appellate review. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Interpretation of policy – Practice – Leave to appeal – Actions – Vicarious liability National Gallery of ...
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy – Practice – Leave to appeal – Standard of review ...
