An Insurer (“ING”) was successful in obtaining a Declaration that it had no obligation to provide coverage under a policy issued to an Insured, now deceased, where the claims against the deceased Insured related to damages sustained as a result of the Insured’s murder of his child and subsequent suicide. ING Insurance Co. of Canada ...
The Court of Appeal found that the Motor Vehicle Accident Claims Fund (the “Fund”) was an Insurer under Ontario Regulation 283/95 for the purpose of resolving disputes over the payment of accident benefits. Kingsway General Insurance Co. v. Ontario (Minister of Finance), [2007] O.J. No. 290, Ontario Court of Appeal, J.I. Laskin, J.M. Simmons, E.E. ...
The Court of Appeal held that the Motor Vehicle Accident Claims Fund was an “Insurer” with respect to the process for resolving disputes over the payment of statutory accident benefits to persons injured in car accidents. Allstate Insurance Co. of Canada v. Motor Vehicle Accident Claims Fund, [2007] O.J. No. 292, Ontario Court of Appeal, ...
An Insurer (“Wawanesa”) was entitled to rely on a clause excluding coverage for damages caused by settling, expansion, contraction, or bulging where an Insured brought a claim relating to a basement floor which was damaged by upheaval. Tomko v. Wawanesa Mutual Insurance Co., [2007] M.J. No. 17., Manitoba Court of Appeal., Huband, Monnin and Freedman ...
Successful action by an Insured against an insurance brokerage firm for breach of fiduciary duty, negligent misstatement and negligence in respect of an alleged obligation on the part of the brokerage firm to disclose a hole in the policy of insurance. National Crane Services Inc. v. AON Reed Stenhouse, [2007] S.J. No. 18, Saskatchewan Court ...
The Court dismissed the Insured’s claim against the Provincial Motor Vehicle Insurer (ICBC) for alleged breach of duty for failing to provide the Insured with a defence to a third party claim and for failing to appoint independent counsel to advise the Insured on the possibility of liability in excess of the policy limits. McLean ...
The Plaintiff Insured brought an application for a declaration that the Defendant Insurer had a duty to defend it in an Action brought against the Plaintiff in the province of Ontario. The Court found that there was no duty to defend because the Insured failed to disclose information material to the contract, and the insurance ...
A rehabilitation clinic that provided services to two individual Insureds brought an action against the Insureds and their Insurer for payment for services rendered. The Court found that pursuant to section 258(1) of the Insurance Act, R.S.O. 1990, c. I.8, a judgment against the Insured was a prerequisite to bringing an action against the Insurer. ...
The New Brunswick Court of Appeal dismissed an appeal by the Plaintiff from a dismissal of his application for an order declaring that no-fault insurance benefits were not deductible from his award for past income loss. Williams v. Brown, [2006] N.B.J. No. 583, New Brunswick Court of Appeal, J.E. Drapeau C.J.N.B., M.E.L. Larlee and A. ...
Ms. Quinn died of a heart attack. She had life insurance policy with Canada Life Assurance Co. Her husband was denied recovery of benefits by Canada Life because his wife failed to disclose material facts in her application which would have resulted in it refusing to issue the policy. Specifically when asked if she had ...
