While an acid spill may destroy hundreds of vehicles, it does not follow that hundreds of subrogation claims are necessary or desirable

09. June 2020 0
Insurance law – Automobile insurance – Actions – Subrogation – Right of insurer to subrogation – Practice – Summary judgments Insurance Corp. of British Columbia v. Teck Metals Ltd., [2020] B.C.J. No. 295, 2020 BCSC 259, British Columbia Supreme Court, February 26, 2020, W.P. Riley J. The plaintiff insurers applied for an order allowing each ...

Insurers – Be sure of the policy terms before denying coverage

09. June 2020 0
Insurance law – Commercial general liability insurance – Property damage – Interpretation of policy – Exclusions – Excess liability – Practice – Appeal – Summary judgments Community Electric Ltd. v. Royal & Sun Alliance Insurance Company of Canada, [2020] S.J. No. 53, 2020 SKCA 17, Saskatchewan Court of Appeal, February 21, 2020, R.K. Ottenbreit, L.M. ...

Don’t keep your grow-op a secret from your home insurer

Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...

No limits on mitigation of loss coverage

Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...

What not to do when terminating a policy

12. May 2020 0
Insurance law – Automobile insurance – Statutory obligations – Cancellation of policy, time cancellation in effect – Arbitration – Practice – Appeals – Standard of review Allstate Insurance Co. v. Ontario (Minister of Finance), [2020] O.J. No. 726, 2020 ONSC 830, Ontario Superior Court of Justice, February 6, 2020, B. Davies J. The insurer cancelled ...

Traveling insureds beware: know the jurisdiction of your policy

12. May 2020 0
Insurance law – Automobile insurance – Territorial limitations – Underinsured motorist – Practice – Appeals – Standard of review – Summary judgments – Availability Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49, Alberta Court of Appeal, February 4, 2020, B.L. Veldhuis, F.L. Schutz and M.G. Crighton JJ.A. The insured pedestrian ...

Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...