The tort of intrusion upon seclusion is not accidental

14. September 2021 0
Insurance law – Liability insurance – Occurrence – Derivative claims – Interpretation of policy – Exclusions – Duty to defend – Intentional torts – Practice – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2021] O.J. No. 1413, 2021 ONSC 2095, Ontario Superior Court of Justice, March 10, 2021, W.S. Chalmers J. The insured ...

Accident benefits to the detriment of the insured

14. September 2021 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Deductible – Future benefits Rix v. Koch, [2021] B.C.J. No. 1710, 2021 BCSC 1526, British Columbia Supreme Court, August 5, 2021, D. MacDonald J. Following trial in a motor-vehicle claim, the defendants applied post-trial to make deductions to the cost of future care award ...

Slippery slope not expected or intended

14. September 2021 0
Insurance law – Liability insurance – Public entity – Duty to defend – Property damage – Occurrence – Exclusions AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2021] O.J. No. 4339, 2021 ONSC 5372, Ontario Superior Court of Justice, August 4, 2021, W. Black J. The insured city was sued by homeowners for slope degradation ...

Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints

10. August 2021 0
Insurance law – Property insurance – Remediation – Exclusions – Interpretation of policy – Practice – Appeals Zurich Insurance Co. v. Halifax (Regional Municipality), [2021] N.S.J. No. 240, 2021 NSCA 43, Nova Scotia Court of Appeal, June 3, 2021, M.J. Wood C.J.N.S., P. Bryson and A.S. Derrick JJ.A. The Halifax Regional Municipality discovered hydrocarbon contamination ...

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 ...