An Insurer appealed an arbitrator’s finding that the loss transfer provision in the Ontario Insurance Act applied to the Insurers in relation to a motor vehicle accident which occurred in Vermont. The Court upheld the arbitrator’s decision but disagreed with the arbitrator’s reasoning. On the basis of Unifund Assurance Co. v. Insurance Corp. of British ...
The Insured brought an action under its policy for recovery of contingent business interruption and contingent extra expenses following an explosion at a plant which provided the Insured with its raw materials. The Insurer denied the claim on the basis that the damaged facility was not a “supplier”, that the curtailment of production was not ...
A young woman suffered nervous shock after watching her cousin be struck and killed by an uninsured motor vehicle. A dispute arose as to whether the young woman’s insurer or the Uninsured Motorist Claims Fund would be responsible for the damages. The trial judge determined that the Uninsured Motorist Fund was responsible for compensating the young ...
The Court found that the owner of a van which struck the Plaintiff during a robbery failed to rebut the statutory presumption that the van was being operated with the owner’s consent when the Plaintiff was injured. Pursuant to s. 144(1) of the Insurance Act and s. 248(3) of the Motor Vehicle Act, the owner’s liability ...
An Insured under a disability insurance policy (“Rowe”) claimed for damages resulting from the mental distress of having their claim for insurance denied. After the initial reasons for judgment were released, the Supreme Court of Canada released its decision in Fidler v. Sun Life Assurance Co. of Canada. Rowe then brought an application requesting the Court ...
Bremner Farm sold and repaired farm equipment. Customers would leave equipment at the farm while it was being repaired. A fire damaged the farm and some of the customer’s equipment. Coverage under a commercial general liability policy was denied to the customers on the basis that third party personal property under Bremner Farms care and ...
A Realtor burned down a house that he was showing. He was sued by the owner of the house. The Realtor was insured by a standard homeowners policy. He brought an application to compel his insurer to defend the lawsuit that was brought against him by the owner of the house. The Court allowed his ...
The Alberta Court found that the provisions of the Condominium Property Act, the applicable Bylaws, and the applicable insurance policies did not bar a claim by the Plaintiff Condominium Corporations against their general contracting company which was also a unit holder and they were entitled to subrogate against it. Condominium Corp. No. 9813678 v. Statesman ...
A Landlord’s Insurer was not entitled to bring a subrogated claim against a Tenant to recover the amounts paid out on the Landlord’s claim following a fire caused by the Tenant’s negligence where the Tenant paid the Landlord’s insurance premium as additional rent under the lease. Alberta Importers and Distributers (1993) Inc. v. Phoenix Marble ...
The Court held that Disability Level Two payments received by the Plaintiff from the government were a form of income replacement and were deductible from a past wage loss award. Kerpan v. Insurance Corp. of British Columbia, [2006] B.C.J. No. 3079., British Columbia Supreme Court, Shaw J., November 30, 2006
