An insurer was sued by a person who suffered injuries as a result of mold and bacteria. The insured was denied coverage under his CGL policy, which stated that coverage was not provided for damages arising from mold. The insured was obligated to defend the insured because all of the damages could have been attributed to ...
In Manitoba, the law with respect to “use or operation” of an automobile in the context of no-fault insurance has not been changed by the recent Supreme Court of Canada decisions of Lumbermens Mutual Casualty Co. v. Herbison, 2007 SCC 47, and Citadel General Assurance Co. v. Vytlingham, 2007 SCC 46. The test to be ...
The insured owned an abattoir and meat processing plant which was destroyed by fire. It was insured for full replacement value. The plant could not be rebuilt due to a change in city zoning. The insurer sought to change the wording of the contract to provide the insured with the actual value of the plant ...
A fire burned down the student union building and the gym that was attached to the building. A dispute arose as to whether the losses sustained to the gym were covered by the CGL policy issued to the construction company. The property insurer brought an application for summary judgment. The court determined that it was ...
A husband was the sole owner of one life insurance policy, and owned a second policy jointly with his wife. He died. His children claimed that both policies formed his estate and that they were entitled to a two thirds of both the solely owned policy and the jointly owned policy. The Ontario Superior Court and ...
An insurance agent was terminated by his employer. He began soliciting his former clients and persuaded a number of clients to switch to a new policy. The insurer brought an application to stop their prior employee from contacting their customers. The court determined that although there was no direct evidence that the agent was inducing ...
A broker obtained homeowner’s insurance for a customer. The customer did not correct a number of mistakes that were contained in the application for insurance about her house. The house was adequately insured, but the contents of the house were underinsured. The mistakes contained in the application for insurance would not have effected the amount ...
A person applied for life insurance. He advised the insurer that he had never been told that he had problems with his heart or blood vessels or shortness of breath. He was granted insurance and subsequently died of a heart condition. The clinical records indicated that he suffered from shortness of breath but that his ...
The limitation period in a disability action commences on the date that benefits are terminated, not on the date that the insured is advised that benefits will be terminated. The insured was successful in bringing an application to strike a limitation defence in these circumstances. The Court applied Balzer v. Sun Life Assurance Company of ...
Can a person claim for expenses incurred under the medical services plan (MSP) or expenses paid by a hospital in a claim in British Columbia? The short answer is probably not. Section 88 of the Insurance (Vehicle) Act precludes recovery of these expenses in claims involving a motor vehicle accident. There does not appear to ...
