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 ...
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. ...
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 ...
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, ...
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 ...
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 ...
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 ...
Insurance law – Property insurance – Business interruption insurance – Economic loss – Subrogation – Right of insurer to subrogation – Loss of income – Practice – Summary judgments – Duties and liabilities of insurer Imperial Metals Corp. v. Factory Mutual Insurance Co., [2022] B.C.J. No. 66, 2022 BCSC 73, British Columbia Supreme Court, January ...
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 ...
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 ...
