Insurer found to have breached duty of utmost good faith by volunteering information from insured’s statement to the police

10. August 2021 0
Insurance law – Automobile insurance – Good faith – Statutory provisions – Damages – Punitive damages – Duties and liabilities of insurer – Actions – Criminal acts Barata v. Intact Insurance Co., [2021] A.J. No. 736, 2021 ABQB 419, Alberta Court of Queen’s Bench, May 28, 2021, G.S. Dunlop J. The insured sought damages from ...

Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC

08. June 2021 0
Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...

Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy

Insurance law – Automobile insurance – Uninsured motorist – Fraud – Benefits – Statutory provisions – Practice – Leave to appeal – Standard of review – Summary judgments Abbas v. Esurance Insurance Co. of Canada, [2021] A.J. No. 562, 2021 ABQB 303, Alberta Court of Queen’s Bench, April 21, 2021, B.B. Johnston J. The insured ...

Homeowner and auto insurers have a concurrent duty to defend against injuries arising from the insured sledgehammering a piece of his vehicle in his backyard

Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Third party claims – Occupiers liability – Use of vehicle Wawanesa Mutual Insurance Co. v. Insurance Corp. of British Columbia, [2021] B.C.J. No. 670, 2021 BCSC 595, British Columbia Supreme Court, April 1, 2021, G.P. Weatherill J. Wawanesa Mutual Insurance Company sought a ...

Insurer successfully applies vacancy exclusion to deny coverage to intentionless insured

Insurance law – Homeowner’s insurance – Water damage – Vacancy exclusion – Practice – Summary judgments Gregson (Litigation guardian of) v. CAA Insurance Co. (Ontario), [2021] O.J. No. 2168, 2021 ONSC 3041, Ontario Superior Court of Justice, April 23, 2021, M.R. Gibson J. The insurer applied for summary dismissal of the insured’s action seeking coverage ...