Builder’s risk policy does not apply to pre-existing property damaged by construction activity

19. May 2019 0
Insurance law – Property insurance – Builder’s risk insurance – Interpretation of policy – Exclusion – Practice – appeal Team Mechanical Construction Ltd. v. Viking Fire Protection Inc., [2019] N.J. No. 73, 2019 NLCA 13, Newfoundland and Labrador Court of Appeal, March 6, 2019, J.D. Green C.J.N.L., B.G. Welsh and F.P. O’Brien JJ.A. The insurer appealed ...

Insurer liable for damage to roof of insured’s trailer, as well as water damage to trailer that followed despite the water damage not arising immediately

14. May 2019 0
Insurance law – Automobile insurance – Trailer – Collision – Exclusions – Interpretation of policy – Damages Targett v. Royal and Sun Alliance Co., [2019] N.J. No. 91, 2019 NLPC 1318C00191, Newfoundland and Labrador Provincial Court, March 22, 2019, W. Gorman Prov. Ct. J. The insured owned a travel trailer that was damaged when the roof ...

Insurer’s application to summarily dismiss an injured pedestrian’s claim against her father’s automobile insurer where the plaintiff was hit by eggs thrown out of a moving vehicle was dismissed as there was a genuine issue for trial

14. May 2019 0
Insurance law – Automobile insurance – Exclusions – Unidentified motorist – Uninsured motorist – Chain of causation – Ownership – use or operation of motor vehicle – Statutory provisions – Practice – Summary judgments Gilbraith v. Intact Insurance Co., [2019] O.J. No. 1523, 2019 ONSC 1875, Ontario Superior Court of Justice, March 22, 2019, A. Sosna ...

Plaintiff in a motor vehicle accident who aggravated pre-existing injuries did not suffer a “permanent serious impairment of an important bodily function”

09. April 2019 0
Insurance law – Automobile insurance – Permanent impairment – definition – Statutory provisions Mann v. Jeffersen, [2019] O.J. No. 1073, 2019 ONSC 1107, Ontario Superior Court of Justice, February 19, 2019, J.K. Trimble J. The defendants in a motor vehicle action sought an order that the plaintiff had not proven he suffered a “permanent serious ...

Insurer had no direct entitlement to the proceeds of an After the Event policy insuring against the risk of legal costs and disbursements

09. April 2019 0
Insurance law – Costs – Duties and liabilities of insurer Peter B. Cozzi Professional Corp. v. Szot, [2019] O.J. No. 921, 2019 ONSC 1274, Ontario Superior Court of Justice, February 22, 2019, S. Nishikawa J. The applicant lawyer sought a declaration that proceeds of an After the Event (ATE) policy were the property of the plaintiff ...

Applicant insurer was not estopped from litigating coverage by a prior holding on the respondent insurer’s duty to defend

09. April 2019 0
Insurance law – Commercial general liability insurance – Homeowner’s insurance – Duty to defend – Excess liability – Estoppel Royal & Sun Alliance Insurance Co. v. Intact Financial Corp., [2019] O.J. No. 969, 2019 ONSC 1339, Ontario Superior Court of Justice, February 26, 2019, E.M. Morgan J. The applicant insurer sought an order requiring the ...

Insured’s claim under a motor vehicle insurance policy was dismissed as there was no evidence the accident was caused by an unidentified driver

09. April 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Practice – Summary judgments Passarelli v. Personal Insurance Co., [2019] O.J. No. 1075, 2019 ONSC 1408, Ontario Superior Court of Justice, February 28, 2019, E.M. Morgan J. The insurer applied for summary judgment on the basis there was no evidence for the insured’s claim under the ...

Marijuana grow operation was a material change of risk that entitled the insurer to void the insured’s home insurance policy after a fire

09. April 2019 0
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions Schellenberg v. Wawanesa Mutual Insurance Co., [2019] B.C.J. No. 221, 2019 BCSC 196, British Columbia Supreme Court, February 19, 2019, M.L. Fleming J. The insurer voided the insureds’ homeowner policy after a fire for ...

Automobile insurer’s denial of coverage on the basis that the insured failed to attend a medical examination was upheld on appeal

09. April 2019 0
Insurance law – Automobile insurance – Independent medical examination – Terms of policy – Breach of policy – Practice – Leave to appeal Greenidge v. Allstate Insurance Co., [2019] A.J. No. 151, 2019 ABCA 52, Alberta Court of Appeal, February 8, 2019, P.T. Costigan, F.L. Schutz and M.G. Crighton JJ.A. The insured appealed the lower ...