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 ...
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 ...
Insurance law – Liability insurance – Wrap-up policies – Exclusions – Duty to defend – General contractors – Third parties – Interpretation of policy KBK No. 11 Ventures Ltd. v. XL Insurance Co., [2022] B.C.J. No. 1777, 2022 BCSC 1652, British Columbia Supreme Court, September 21, 2022, W.B. Milman J. Two developers, a construction manager ...
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 ...
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. ...
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Leave to appeal – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2022] O.J. No. 2976, 2022 ONCA 503, Ontario Court of Appeal, June 30, 2022, E.E. Gillese, G.I. Pardu and D.M. Brown JJ.A. An employee of a hospital, a ...
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 ...
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 ...
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 ...
Insurance law – Homeowner’s insurance – Material misrepresentations – void Ab Initio – Mortgages – Standard mortgage clause – Practice – Appeals Builders Capital (2014) Ltd. v. Aviva Insurance Co. of Canada, [2022] A.J. No. 437, 2022 ABCA 120, Alberta Court of Appeal, April 1, 2022, B.L. Veldhuis, E.A. Hughes and A. Kirker JJ.A. Thttps://canlii.ca/t/jr96qhe ...
