An insurance broker was denied leave to file a third party claim in relation to the plaintiff’s property damage because the third party claim against the broker was related to insurance coverage and not the plaintiff’s damages. Insurance law – Liability insurance – Wrap-up policies – Breach of policy – Material change in risk (failure ...
Insurance law – Life insurance – Criminal offences – Misrepresentation in obtaining insurance – Material change in risk – Damages – Costs in lieu of punitive damages Watson Estate v RBC Life Insurance Co of Canada, [2021] O.J. No. 4127, 2021 ONSC 5305, Ontario Superior Court of Justice, July 30, 2021, R.J. Mandhane J. The ...
Insurance law – Liability insurance – Wrap up policies – Duty to defend – Interpretation of policy – Deductible Distillery S.E. Development Corp. v. Temple Insurance Company, [2021] O.J. No. 1535, 2021 ONSC 1908, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds were the developer and a subcontractor involved in ...
Insurance law – Homeowner’s insurance – Material change in risk – Relief against forfeiture Dubroy v. Canadian Northern Shield Insurance Co., [2021] B.C.J. No. 402, 2021 BCSC 352, British Columbia Supreme Court, March 3, 2021, L. Marchand J. On January 20, 2019, a home owned by the insured was destroyed by fire. In May 2016, ...
Insurance law – Liability insurance – Occurrence – Derivative claims – Interpretation of policy – Exclusions – Duty to defend – Intentional torts – Practice – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2021] O.J. No. 1413, 2021 ONSC 2095, Ontario Superior Court of Justice, March 10, 2021, W.S. Chalmers J. The insured ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Deductible – Future benefits Rix v. Koch, [2021] B.C.J. No. 1710, 2021 BCSC 1526, British Columbia Supreme Court, August 5, 2021, D. MacDonald J. Following trial in a motor-vehicle claim, the defendants applied post-trial to make deductions to the cost of future care award ...
Insurance law – Liability insurance – Public entity – Duty to defend – Property damage – Occurrence – Exclusions AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2021] O.J. No. 4339, 2021 ONSC 5372, Ontario Superior Court of Justice, August 4, 2021, W. Black J. The insured city was sued by homeowners for slope degradation ...
Insurance law – Directors and officers liability insurance – Wrongful acts – Duty to defend – Interpretation of policy – Terms of policy – Duties and liabilities of insurer Goodfellow v. CUMIS General Insurance Co., [2021] O.J. No. 2744, 2021 ONSC 3604, Ontario Superior Court of Justice, May 18, 2021, P.J. Cavanagh J. Five former ...
Insurance law – Property insurance – Remediation – Exclusions – Interpretation of policy – Practice – Appeals Zurich Insurance Co. v. Halifax (Regional Municipality), [2021] N.S.J. No. 240, 2021 NSCA 43, Nova Scotia Court of Appeal, June 3, 2021, M.J. Wood C.J.N.S., P. Bryson and A.S. Derrick JJ.A. The Halifax Regional Municipality discovered hydrocarbon contamination ...
Insurance law – Automobile insurance – Good faith – Statutory provisions – Damages – Punitive damages – Duties and liabilities of insurer – Actions – Criminal acts Barata v. Intact Insurance Co., [2021] A.J. No. 736, 2021 ABQB 419, Alberta Court of Queen’s Bench, May 28, 2021, G.S. Dunlop J. The insured sought damages from ...
