The policy is the sum of all its parts

11. August 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2020] A.J. No. 491, 2020 ABCA 161, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar ...

Beware of special costs when denying insurance coverage

11. August 2020 0
Insurance law – Medical travel insurance – Breach of good faith – Damages – Special damages – Punitive damages – Costs – Special and increased costs Stewart v. Lloyd’s Underwriters, [2020] B.C.J. No. 722, 2020 BCSC 669, British Columbia Supreme Court, April 30, 2020, B.J. Norell J. The insurer was found to have wrongfully denied ...

The court of appeal instructed defence counsel to follow protocols and safeguards when acting for two primary insurers

11. August 2020 0
Insurance law – Commercial general liability insurance – Multiple policies – Excess liability – Additional named insured – Conflict of interest between insurer and insured – Appointment and instruction of counsel – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March ...

Error to conflate a master insurance policy for all members with a member’s individual certificate of insurance

11. August 2020 0
Insurance law – Liability insurance – Professional negligence – Duty to defend – Third parties – Interpretation of policy – Multiple policies – Same insurer – Insurer – Rights, duties and liabilities – Practice – Appeals Van Huizen v. Trisura Guarantee Insurance Co., [2020] O.J. No. 1182, 2020 ONCA 222, Ontario Court of Appeal, March ...

Social Host Parents Not Liable After Boozy Teen Party

31. July 2020 0
In the recent case of McCormick v. Plambeck, 2020 BCSC 881 (“McCormick”), the B.C. Supreme Court dismissed the plaintiff’s claim that two parents owed him a duty of care as social hosts as he was a minor who attended their home in the presence of liquor and/or drugs. In McCormick, the 17-year-old plaintiff attended a ...

Errors and omissions policy omits contractual liability

14. July 2020 0
Insurance law – Errors and omissions policies – Duty to defend – Exclusions – Breach of contract – Arbitration Panasonic Eco Solutions Canada Inc. v. XL Specialty Insurance Co., [2020] O.J. No. 1252, 2020 ONSC 1502, Ontario Superior Court of Justice, March 9, 2020, M. Koehnen J. The insured sought a declaration that the insurer ...

Inspect your contracts: limitation of liability upheld

14. July 2020 0
Insurance law – Liability insurance – Limitation of actions – Practice – Summary judgments – Appeals Ferrer v. Janik, [2020] B.C.J. No. 370, 2020 BCCA 83, British Columbia Court of Appeal, March 5, 2020, H. Groberman, A.W. MacKenzie, S. Stromberg-Stein JJ.A. The appellant plaintiffs discovered water leaking into their house two months after purchasing their ...

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 ...