Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer

Insurance law – Property insurance – Interpretation of policy – Ambiguity – Exclusions – Contra proferentum rule – Insured – Rights and duties of insured 2102908 Alberta Ltd. v. Intact Insurance Co., [2022] A.J. No. 284, 2022 ABQB 175, Alberta Court of Queen’s Bench, February 28, 2022, S.E. Richardson J. The insured operated a bowling ...

Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial

Insurance law – Medical travel insurance – Coverage – Good faith, Breach of – Damages – Punitive damages – Costs – Special or increased costs – Practice – Appeals – Duties and liabilities of insurer Stewart v. Lloyd’s Underwriters, [2022] B.C.J. No. 349, 2022 BCCA 84, British Columbia Court of Appeal, March 3, 2022, G.J. ...

Insurer not out of time to third party broker following 2013 life insurance denial

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Limitation of actions – Duties and liabilities of insurer – Agents and brokers – Negligent misrepresentation Verrier Estate v. Manufacturers Life Insurance Co., [2022] B.C.J. No. 378, 2022 BCSC 348, British Columbia Supreme Court, March 4, 2022, Master J.W. Bilawich. The ...

Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2022] O.J. No. 226, 2022 ONSC 432, Ontario Superior Court of Justice, January 18, ...

The collaborative appraiser does not need to be independent

08. March 2022 0
Insurance law – Homeowner’s insurance – Statutory provisions – Interpretation – Bad faith – Appraisals – Appraiser – Practice – Leave to appeal Campbell v. Desjardins General Insurance Group, [2022] O.J. No. 719, 2022 ONCA 128, Ontario Court of Appeal, February 15, 2022, M.L. Benotto, D.M. Brown and A.L. Harvison Young JJ.A. The insurer appealed ...

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 ...