A girl was injured in an ATV accident on an insured property. The insurer advised their insured that they would defend the claim. Five months later, they changed their mind and advised their insureds that they would not defend the claim. Economical Insurance Company brought an application for a declaration that they did not have to ...
When a contractor expands an existing structure, the contractor’s insurance extends to the entire existing structure, such that an explosion caused by a contractor working on the expansion, that damages the existing the structure, is covered by the contractor’s insurance. Medicine Hat College v. Starks Plumbing & Heating Ltd., [2007] A.J. No. 1337, Alberta Court ...
Mr. Baig insured his car. It was damaged and he made a claim of insurance. The insurer refused to pay the claim so Mr. Baig commenced an action against his insurer to compel payment. The insurer attempted to examine Mr. Baig pursuant to Statutory Condition 6(4) of the policy of insurance. Mr. Baig refused to ...
A general contractor had a commercial general liability insurance that contained a clause that excluded coverage for property damage caused by the general contractor. The property being developed suffered substantial damages and the developer sued the general contractor and a number of sub contractors. A contentious issue was whether one of defendants was a sub ...
A man insured under a standard Ontario automobile insurance policy injured his son while go-karting. His son sued him and the operator of the go-kart track for injuries suffered in the accident. The father sued his automobile insurer for coverage under his automobile policy. A motion’s judge determined that a go-kart did not constitute an ...
Two Insureds failed in an action against their private disability insurer claiming that it was wrong for the Insurer to have offset their children’s Canada Pension Plan (“CPP”) benefits against the Long Term Disability (“LTD”) benefits received by the Plaintiffs under the Policies. Ruffolo v. Sun Life Assurance Company of Canada, [2007] O.J. No. 4541, ...
The Insured was unsuccessful in her appeal of the decision of the Summary Trial Judge finding that she was required to repay the Saskatchewan Health-Care Association (the “Association”) for disability benefits she had received under the Plan administered by the Association. The insured claimed that her lawyer was in conflict of interest because he represented ...
The Court dismissed the applications of the Insured Company and its two principal shareholders for declaratory relief and an Order that the Third and Fourth Excess Insurers be required to pay defence costs incurred in Third Party actions and proceedings brought against the Company. A duty to defend is entirely contractual and a party may ...
An insured whose loss is less than the deductible under its insurance policy may not turn to the lease to cover those losses. Lincoln Canada Services LP v. First Gulf Design Build Inc., [2007] O.J. no. 4167, Ontario Superior Court of Justice, B.A. Conway J., October 31, 2007
The court’s determination of whether all claims pled are covered by an automobile exclusion is fact driven. Where the pleadings give rise to the possibility that a plaintiff’s injuries are caused by a corporation’s policies and failure to screen drivers’ driving records, that claim may be independent of the claim involving the use or operation ...
