Seven years too late for coverage

10. January 2023 0
Insurance law – Homeowner’s insurance – Delay – Relief against forfeiture – Duties and liabilities of insured Searles v. Economical Insurance, [2022] O.J. No. 5784, 2022 ONSC 7217, Ontario Superior Court of Justice, December 29, 2022, The Honourable Mr. Justice Pierre E. Roger The insureds purchased a home insurance policy, which was in force when ...

Family of victim of accidental military activity recovers from insurers

13. December 2022 0
Insurance law – Accident and sickness insurance – Death benefits – Exclusions – Interpretation of policy – Practice – Summary judgments Arbabbahrami Estate V. MSH International (Canada) Ltd., [2022] O.J. No. 4535, 2022 ONSC 5723, Ontario Superior Court of Justice, October 11, 2022, R. Centa J. The Court held that the deceased insured’s estate was ...

It’s too soon!

13. December 2022 0
Insurance law – Property insurance – Duty to defend – Exclusions – Extrinsic evidence – Practice – Appeals AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2022] O.J. No. 4509, 2022 ONCA 699, Ontario Court of Appeal, October 14, 2022, E.E. Gillese, G. Huscroft and L. Sossin JJ.A. The Ontario Court of Appeal upheld the ...

Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies

08. November 2022 0
Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy Emond v. Trillium Mutual Insurance Co., [2022] O.J. No. 4347, 2022 ONSC 5519, Ontario Superior Court of Justice, September 29, 2022, R.M.R. Bell J. The insureds brought an application against their home insurer seeking indemnity for the costs of rebuilding their house which was ...

Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist

11. October 2022 0
Insurance law – Commercial general liability insurance – Professional negligence – Multiple policies – Apportionment and contribution – Disputes between insurers – Practice – Leave to Appeal Northbridge General Insurance Co. v. Aviva Insurance Co., [2022] O.J. No. 3086, 2022 ONCA 519, Ontario Court of Appeal, July 7, 2022, M.L. Benotto, B. Zarnett and L. ...

Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy

11. October 2022 0
Insurance law – Marine insurance – Agents and brokers – Negligent misrepresentation – Jury trials – Striking jury notice Arctic Pearl Fishing Ltd. v. Intact Insurance Co., [2022] B.C.J. No. 1665, 2022 BCSC 1549, British Columbia Supreme Court, September 2, 2022, Master K.A. Robertson The insured acquired a commercial fishing vessel and insured it with ...

No uninsured motorist coverage for passenger in stolen vehicle

11. October 2022 0
Insurance law – Automobile insurance – Exclusions – Theft of vehicle – Passengers – Uninsured motorist – Statutory provisions Burnham v. Co-Operators General Insurance Co., [2022] O.J. No. 3822, 2022 ONSC 4934, Ontario Superior Court of Justice, August 29, 2022, A.J. Goodman J. The plaintiff was a passenger in a stolen vehicle and was seriously ...

O what a tangled web…

13. September 2022 0
Insurance law – Liability law – Product liability – Property damage – Umbrella policies – Series of related occurrences – Definition – Commercial general liability insurance – Exclusions Dana Canada Corp. v. XL Specialty Insurance Co., [2022] O.J. No. 3281, 2022 ONSC 4214, Ontario Superior Court of Justice, July 18, 2022, J.T. Akbarali J. Dana ...