A resident of Alberta with valid Alberta insurance injured in Saskatchewan is entitled to Saskatchewan total maximum benefits of $5,000,000. Lloyd’s Underwriters v. Ibrahim, [2007] S.J. No. 395, Saskatchewan Court of Queen’s Bench, Klebuc C.J.S. (ex officio), July 20, 2007
Rectification of reinsurance policies will not generally be granted when the parties have approved the terms of the Policy in writing. Swiss Reinsurance Co. v. Camarin Ltd., [2007] B.C.J. No. 1779, British Columbia Supreme Court, Burnyeat J. (In Chambers), August 10, 2007
The statutory one year limitation period in the Fire Insurance Act, is of no force and effect, even if it is reproduced in the wording of the insurance policy. Co-operators General Insurance Co. v. Burry, [2007] N.J. No. 277, Newfoundland and Labrador Supreme Court – Court of Appeal, M.A. Cameron, D.M. Roberts and B.G. Welsh ...
An insurance broker, who erroneously advised the son of an Insured that he was covered by automobile insurance, was responsible to indemnify the son for damages suffered in an automobile accident, despite the fact that he was not insured. Issel v. Melville Agencies (1974) Ltd., [2007] S.J. No. 385, Saskatchewan Provincial Court, Green Prov. Ct. ...
An Insured who applies for insurance proceeds ten years after the limitation period in the policy has expired, is not entitled to insurance, nor to relief from forfeiture despite the fact that the Insured had a Grade 4 education and was not aware of the existence of her entitlement to benefits. Silva v. RBC Life ...
In a claim for wrongful dismissal, the triggering event for insurance coverage is when the insured’s employee is both terminated and provided inadequate notice for compensation in lieu of notice. Dynacare Co. v. St. Paul Fire and Marine Insurance Co., [2007] O.J. No. 2929, Ontario Superior Court of Justice, T.P. Herman J., July 23, 2007
A jury is not entitled to award the remedy of relief from forfeiture. An insured may not elect to proceed with a trial by jury when an equitable remedy, such as relief from forfeiture, is sought. Peters v. Co-operators Life Insurance Co., [2007] B.C.J. No. 1642, British Columbia Supreme Court, Frankel J., July 23, 2007
A person was injured when they slipped and fell in front of a property. They sued the owner of the property and the company responsible for keeping the property free of ice. The owner of the property sought coverage under the maintainer’s certificate of insurance. The Ontario Superior Court determined that the owner was not ...
An insured was sued in negligence for inciting a group of people to assault a plaintiff. The insured sought a defence for the action from his homeowner’s insurance policy. The Ontario Supreme Court determined that the action of the insured fell within the intentional act exclusion clause of the policy and that the insured was ...
An insured became paralyzed as a result of an infection contracted during unprotected sex. He applied for accidental disease/dismemberment benefits under his life insurance policy. The insurer refused to pay the benefits on the basis that the insured’s injuries were not the result of an accident that occurred without negligence. The insurer was ordered to ...
