Ontario Court of Appeal upholds ruling that insureds made willfully false statements in Proof of Loss and are not entitled to relief from forfeiture Insurance law – Homeowner’s insurance – Proof of loss – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions – Practice – Leave to appeal – Relief against ...
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...
Insurer could not rely on oven exclusion in equipment breakdown policy endorsement to deny coverage for a crouton and bread crumb production dryer fire Insurance law – Property insurance – Breach of policy – Exclusions – Business activities – Faulty design – Wear and tear Bowness Real Estate Corp. v. AXA Pacific Insurance Co., [2020] ...
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...
Insurance law – Disability insurance – Long term disability – Limitation of actions – Breach of policy – Practice – Summary judgments Halladay v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial Corp.), [2020] O.J. No. 2003, 2020 ONSC 2802, Ontario Superior Court of Justice, May 4, 2020, B.W. Abrams J. The insurer brought a motion ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Class actions Laridae Communications Inc. v. Co-operators General Insurance Co., [2020] O.J. No. 2124, 2020 ONSC 2198, Ontario Superior Court of Justice, May 8, 2020, A. Pollak J. An unauthorized party accessed documents from a secured section ...
Insurance law – Property insurance – All-risk policy – Exclusions – Defective workmanship – Interpretation of policy – Practice – Leave to appeal Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2020] A.J. No. 493, 2020 ABCA 166, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar and D. Pentelechuk JJ.A. ...
