Insured succeeded on summary judgment application as the insured had not voluntarily surrendered defibrillator units as a result of the purchaser’s fraudulent intent. The claim was not excluded as a conditional sale because there was no sale and no evidence of any agreement or intent to withhold title.

13. August 2019 0
Insurance law – Commercial general liability insurance – All-risk – Fraud – Exclusion – Practice – Summary judgment Heart Zap Services Inc. v. Lloyd’s Underwriters, [2019] O.J. No. 3441, 2019 ONSC 3667, Ontario Superior Court of Justice, June 28, 2019, J.D. O’Flynn J. The insured is in the business of selling defibrillator units. The insured received an ...

Insurer potentially liable for broker’s negligence

13. August 2019 0
Insurance law – Homeowner’s insurance – Business exclusion – Agents and brokers – Failure to advise of exclusion clauses – Vicarious liability – Breach of contract – Practice – Summary judgments Lynk v. Cooperators General Insurance Co., [2019] A.J. No. 746, 2019 ABQB 417, Alberta Court of Queen’s Bench, June 5, 2019, J.M. Ross J. The defendant ...

The deductible in a course of construction policy was not binding on the insured because the insurer failed to comply with s. 31 of the Insurance Act

09. July 2019 0
Insurance law – Builder’s risk policy – Statutory provisions – Rectification – Promissory estoppel PCL Constructors Westcoast Inc. v. Royal & Sun Alliance Insurance Co. of Canada, [2019] B.C.J. No. 929, 2019 BCSC 822, British Columbia Supreme Court, May 23, 2019, C. Murray J. The insured construction company brought a summary trial application seeking a ...

The flood coverage of an all-risks policy did not apply to rain water accumulating on the ground, and the business interruption coverage was restricted to complete cessation of business

09. July 2019 0
Insurance law – All-risk insurance – Accidental – Business interruption coverage – Interpretation of policy Le Treport Wedding & Convention Centre Ltd. v Co-operators General Insurance Co., [2019] O.J. No. 2595, 2019 ONSC 3041, Ontario Superior Court of Justice, May 17, 2019, D.K. Gray J. The insured events centre sought coverage under an all-risks policy ...

Title insurance did not cover costs to repair new home with severe water leakage problems later subject to a remediation order

09. July 2019 0
Insurance law – Homeowner’s insurance – Title insurance – Water damage – Remediation – Interpretation of policy – Practice – Summary judgments Steer v. Chicago Title Insurance Co., [2019] A.J. No. 565, 2019 ABQB 318, Alberta Court of Queen’s Bench, May 6, 2019, M.H. Hollins J. The plaintiffs purchased a newly built duplex and discovered severe ...

The insured’s failure to provide her son’s updated contact information did not breach the duty to cooperate

11. June 2019 0
Insurance law – Automobile insurance – Breach of policy – Relief against forfeiture – Practice – Appeal – Summary judgments Ruddell v. Gore Mutual Insurance Co., [2019] O.J. No. 2130, 2019 ONCA 328, Ontario Court of Appeal, April 25, 2019, K.M. van Rensburg, C.W. Hourigan and G. Huscroft JJ.A. The insured’s son was the driver of ...

Insurer ordered to produce its policies, procedures, guidelines and internal documents concerning how an accident benefits claim was handled in a bad faith action

11. June 2019 0
Insurance law – Automobile insurance – Benefits – Motor vehicle accidents – Bad faith Malloy v. Intact Insurance Co., [2019] N.S.J. No. 170, 2019 NSSC 131, Nova Scotia Supreme Court, April 29, 2019, J.S. Campbell J. The insured was injured in a motor vehicle accident. The insurer accepted the claim for accident benefits, but denied ...