Beware of the foul ball

09. February 2021 0
The claim of a spectator, who was struck on the head by a foul ball from an adjacent baseball diamond, was dismissed. Insurance law – Liability insurance – Occupiers liability – Statutory provisions – Definitions – Duty to notify – Risk – Practice – Summary judgments Rivers v. North Vancouver (District), [2020] B.C.J. No. 1131, ...

The written word carries the day

09. February 2021 0
The insurer was precluded from bringing a claim for contribution and indemnity from its insured due to the waiver of subrogation in the policy, even though the insured was not covered by the policy. Insurance law – Liability insurance – Wrap up policies – Additional named insured – Exclusions – Subrogation – Practice – Summary ...

Complementary insurance policies: Auto insurer did not have standing to bring an application against a personal insurer, with respect to a social event & motor vehicle accident claim

09. February 2021 0
Auto insurer does not have standing to bring an application for a declaration that the personal insurer defend social event allegations in a motor vehicle accident claim. Insurance law – Automobile insurance – Third parties – Duty to defend – Unjust enrichment Royal & Sun Alliance Insurance Co. of Canada v. Wawanesa Mutual Insurance Co., ...

Innocent plaintiff denied coverage due to marijuana exclusion clause

09. February 2021 0
Insurer relies on marijuana exclusion clause to effectively deny coverage to an innocent homeowner whose property was destroyed by renters, prior to Insurance Act s.129.1 protection amendment for innocent persons coming into force. Insurance law – Homeowner’s insurance – Exclusions – Statutory provisions – Innocent insured – Co-insurance – Interpretation of legislation – Retrospective application ...

Tort settlement does not change entitlement to Part 7 disability benefits

12. January 2021 0
Tort settlement’s reduction to long term disability benefits does not affect deductibility from no fault accident benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Statutory provisions – Double recovery – Practice – Leave to appeal Lindblad v. Insurance Corp. of British Columbia, [2020] B.C.J. No. 1738, ...

Not all bad faith results in punitive damages

12. January 2021 0
Non-contracting beneficiary of a group benefits policy could enforce payment of benefits but not a lump sum for future benefits. Insurance law – Accident and sickness insurance – Group insurance – Long term disability benefits – Good faith, breach of – Damages – Aggravated damages – Punitive damages – Practice – Leave to appeal Gascoigne ...

Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment

12. January 2021 0
Ontario Court of Appeal upholds ruling that the plaintiff is not entitled to recover judgment against insurer after notice of action against insured was provided nine years after action was commenced. Insurance law – Actions – Third parties – Relief against forfeiture – Practice – Notice – Leave to appeal Svia Homes Ltd. v. Northbridge ...

Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy

12. January 2021 0
A claim for accidental death benefits was dismissed where the insured suffered a cardiac event and ultimately drowned while fishing. Insurance law – Accident and sickness insurance – Benefits – Exclusions – Pre-existing condition – Interpretation of policy Downey v. Scotia Life Insurance Co., [2020] A.J. No. 1118, 2020 ABQB 638, Alberta Court of Queen’s ...