Insurance law – Automobile insurance – Exclusions – Commercial use vehicle – Statutory provisions [interpretation] Bonn v. Echelon Insurance, [2021] N.S.J. No. 59, 2021 NSSM 2, Nova Scotia Small Claims Court, February 8, 2021, Adjudicator A.M. Richardson, QC The insurer denied coverage based on the carrying of passengers for compensation or hire exclusion after the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Costs – Special or increased costs – Practice – Appeal – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2021] B.C.J. No. 243, 2021 BCCA 65, British Columbia Court of Appeal, February 12, 2021, ...
Insurance law – Liability insurance – Property damage – Wrap up policies – Interpretation of policy – Duty to defend – Construction development Crosslinx Transit Solutions Constructors v. Capital Sewer Serving Inc., [2021] O.J. No. 471, 2021 ONSC 1091, Ontario Superior Court of Justice, February 2, 2021, M. Koehnen J. The applicant contractor sought an ...
Insurance law – Builder’s risk policy – Subcontractors – Exclusions – Interpretation of policy – Practice – Leave to Appeal Sher-Bett Construction (Manitoba) Inc. v. Co-Operators General Insurance Co., [2021] M.J. No. 35, 2021 MBCA 10, Manitoba Court of Appeal, February 11, 2021, D.M. Cameron, K.I. Simonsen and L.T. Spivak JJ.A. The insured appealed the ...
Insurance law – Automobile insurance – Fraud – Benefits – Actions – Intentional torts – Practice – Summary judgments – Damages – Punitive damages Traders General Insurance Co. v. Kayes, [2020] O.J. No. 4261, 2020 ONSC 5991, Ontario Superior Court of Justice, October 2, 2020, J. Stribopoulos J. The insurer brought claims against numerous defendants ...
Insurance law – Practice – Settlement of action – Releases – Discretion of court Wannan v. Hutchison, [2020] B.C.J. No. 1306, 2020 BCSC 1233, British Columbia Supreme Court, August 19, 2020, C. Murray J. The plaintiff sued the defendant for damages for injury and loss she alleged she suffered as a result of naturopathic treatments ...
Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Interpretation of policy Hemlow Estate v. Co-operators General Insurance Co., [2021] O.J. No. 419, 2021 ONSC 664, Ontario Superior Court of Justice, January 29, 2021, J.R.H. Turnbull J. The deceased insured worked in the oil analysis business as an oil ...
Insurance law – Errors and omissions policies – Duty to defend – Named insured – Employee – Interpretation of policy – Contra proferentum rule – Defamation – Damages – Punitive damages Brown v. Sovereign General Insurance Co., [2021] O.J. No. 297, 2021 ONSC 511, Ontario Superior Court of Justice, January 21, 2021, P.M. Perell J. ...
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 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 ...
