A condominium developer appealed from a decision that their Insurer could bring a subrogated action against them. The Court of Appeal allowed the appeal, and held that the Insurer had no subrogation rights against the Insured. Condominium Corp. No. 9813678 v. Statesman Corp., [2007] A.J. No. 695, Alberta Court of Appeal, J. Côté, E. Picard ...
The Insurer appealed a ruling of a motion judge. The motion judge held that a territorial limitation contained in a motor vehicle policy did not apply to the underinsured motorist endorsement and that an insured was entitled to $1,000,000 of insurance coverage as a result of damages suffered in a motor vehicle accident in Jamaica. ...
An Insurer for a car wholesaler appealed a chambers judge’s ruling that it was to provide first loss coverage in regards to an accident involving a vehicle for sale by consignment that was damaged when it was being test driven while in the possession of the car dealer. The insurer for the wholesaler argued that ...
The Court allowed the appeal of the Plaintiff Insured after finding that a personal liability policy was a true excess or umbrella policy and was not required to respond to the claims until the limits of the primary policy were exhausted. The Court emphasized that Family Insurance Corp. v. Lombard Canada [2002] 2 S.C.R. 695 ...
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On an application to amend the Statement of Claim of a corporate insured in an action alleging bad faith against the Defendant Insurer, the Court permitted an informal admission to be withdrawn and permitted the amendment seeking business interruptions losses since this would not cause prejudice to the Defendant Insurer. The corporate Plaintiff was also ...
An owner of a strata property was found to be responsible for property damage caused by a burst water pipe. The pipe burst due to a build up of acid in the local water supply. There was no negligence of the owner. The owner claimed for the damage under his homeowner’s insurance policy. Wawanesa paid ...
Two Ontario insurers disputed responsibility for accident benefit coverage. The dispute was submitted to a private arbitrator who applied the Fault Determination Rules of Ontario and determined that the second insurer was responsible to pay the benefits. The arbitrators decision was appealed to the Ontario Superior Court. Application by the second party Insurer against the ...
A Provincial Motor Vehicle Insurer (“ICBC”) was required to pay an insured $200,000 for a legitimate insurance claim. ICBC discovered that the insured brought a fraudulent claim after the occurence of the legitimate claim. ICBC brought an application for a Mareva injunction against the Insured to freeze the settlement of the actual claim. The application was ...
Effective July 1, 2007. British Columbia has amended the Rules of Court to require parties to disclose the existence and contents of any insurance policy which provides indemnity for a judgement, or which provides direct payment of a judgement. However, the existence of any insurance policy cannot be disclosed to the Court hearing the case.
