Motion seeking dismissal of a claim against a subcontractor because same losses were claimed in separate claim against builder’s risk insurer dismissed. All-risk insurance – Builder’s risk policy – Breach of contract Freyssinet Canada Ltée v. Dragados Canada Inc., [2017] O.J. No 3509, 2017 ONSC 3914, Ontario Superior Court of Justice, July 5, 2017, E.M. Morgan J. ...
Plaintiff landlord precluded from claiming against defendant tenant for losses arising from a fire due to a covenant to insure in the lease. Property insurance – Fire insurance – Landlord and tenant – Subrogation Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2017] O.J. No. 3493, 2017 ONSC 3982, Ontario Superior Court of ...
A general statement of the purpose of an examination under oath is sufficient notice under s. 33(2) of the Statutory Accident Benefits Schedule under Ontario’s Insurance Act. Automobile insurance – Statutory Accident Benefits Schedule – Appeals – Policies and insurance contracts – Rights and duties of insurer – Statutory provisions Aviva Insurance Co. of Canada ...
An errors and omissions endorsement does not relieve an insured of material misrepresentations made at the time of application for insurance. Fire insurance – Coverage – Interpretation of policy – Misrepresentation in obtaining insurance – Agents and brokers – Duties and liabilities of agent Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2017] N.S.J. No. ...
The “transmission of force” doctrine did not apply to a motor vehicle that collided with a second motor vehicle, thereby diverting the second vehicle, which then hit a pedestrian. Automobile insurance – Benefits – Statutory provisions – Statutory Accident Benefits Schedule – Priority coverage – Leave to appeal – Standard of review Unifund Assurance Co. v. ACE INA Insurance Co., [2017] O.J. ...
The pooling of rainwater resulting in water damage to a building did not qualify as “the rising of, the breaking out of, or the overflow of any body of water” under the policy of insurance. Property insurance – Water damage – Coverage – Exclusions – Interpretation of policy – Summary judgments Parker Pad & Printing ...
Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim. Group insurance – Long term disability benefits – Total disability – Statutory provisions – Damages – Tort claims – Summary judgments Wilken v. Sun Life Assurance Co., [2017] O.J. No. 3019, 2017 ONSC 3609, Ontario ...
Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle. Automobile insurance – Ownership of vehicle – Duty to defend – Interpretation of policy – Summary judgments Hoang (Litigation guardian of) v. Personal Insurance Co. of Canada, [2017] O.J. No. ...
Insured entitled to coverage under Alberta Standard Automobile Policy SPF #1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy – Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court ...
Insurance law – Automobile insurance – Jurisdiction – Statutory Accident Benefits – Appeals Aviva Canada Inc. v. Taylor, [2017] O.J. No. 2146, 2017 ONSC 2661, Ontario Superior Court of Justice – Divisional Court, April 27, 2017, F.P. Kiteley J. The Court was faced with a judicial review application following the transfer of jurisdiction under the ...
