It’s a scorcher!

12. July 2022 0
Insurance law – Homeowner’s insurance – Water damage – Exclusions – Interpretation of policy – Practice – Summary judgments Gill v. Wawanesa Mutual Insurance Co., [2022] B.C.J. No. 1048, 2022 BCSC 981, British Columbia Supreme Court, June 10, 2022, C.J. Giaschi J. The insured sought coverage from his insurer pursuant to the sewer back-up endorsement ...

Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss

Insurance law – Property insurance – Mandatory appraisal – Promissory estoppel – Injunctions Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2022] O.J. No. 2196, 2022 ONSC 2613, Ontario Superior Court of Justice, April 29, 2022, P.M. Perell J. A dispute arose between the insurer and the insureds in relation to a fire loss.  The insurer insured ...

Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim

14. June 2022 0
Insurance law – Homeowner’s insurance – Fire – Breach of policy – Good faith – Interpretation of legislation – Damages – Punitive damages – Practice – Summary judgments Green Estate v. Sonnet Insurance Co., [2022] B.C.J. No. 768, 2022 BCSC 709, British Columbia Supreme Court, May 3, 2022, W.B. Milman J. An executor brought an ...

Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect

14. June 2022 0
Insurance law – Property law – Landlord and tenant – Criminal acts – Exclusions – Marijuana – Illegal activity – Interpretation of legislation – Retroactive application of legislation – Practice – Leave to appeal Lin v. Weng, [2022] O.J. No. 2150, 2022 ONCA 367, Ontario Court of Appeal, May 9, 2022, K.N. Feldman, K.M. van ...

Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim

Insurance law – Automobile insurance – Limitation of actions – Running of limitation period – Statutory provisions – Duties and liabilities of insurer – Duties and liabilities of insured Nebozuk v. Northbridge General Insurance Corp., [2022] A.J. No. 375, 2022 ABQB 212, Alberta Court of Queen’s Bench, March 17, 2022, B. Summers J. The insured ...