Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Damages – Special damages – Future benefits Xu v. Balaski, [2021] B.C.J. No. 2037, 2021 BCSC 1850, British Columbia Supreme Court, September 22, 2021, K.W. Ball J. The insured brought a claim for damages against defendants in three motor vehicle accidents. Liability was admitted ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Actions – Third parties – Practice – Appeals – Duties and liabilities of insured Wakeling v. Desjardins General Insurance Group Inc., [2021] O.J. No. 4990, 2021 ONCA 672, Ontario Court of Appeal, September 29, 2021, G.R. Strathy C.J.O., S.E. Pepall and G.I. Pardu JJ.A. The insured challenged the insurer’s ...
Insurance law – Commercial general liability insurance – Duty to defend – Exclusion – Injury – Interpretation of policy Henderson v. Northbridge General Insurance Corp., [2021] B.C.J. No. 2031, 2021 BCSC 1841, British Columbia Supreme Court, September 21, 2021, R.S. Tindale J. The insured petitioned the court for a declaration of coverage and a duty to defend as against her ...
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Income replacement benefits – Medical and rehabilitation expenses – Practice – Appeals – Duties and liabilities of insured – Burden of proof Cass v. Saskatchewan Government Insurance, [2021] S.J. No. 408, 2021 SKCA 130, Saskatchewan Court of Appeal, September 29, 2021, G.R. Jackson, L.M. Schwann and J.D. Kalmakoff JJ.A. ...
Court of Appeal allowed insurer’s appeal, finding no ambiguity in corrosion exclusion, and underscoring importance of consistent interpretation of standard form insurance contracts. Insurance law – All-risk insurance – Exclusions – Business interruption – Interpretation of policy – Damages – Economic loss – Practice – Appeals – Duties and liabilities of insurer MDS Inc. v. ...
An insurance broker was denied leave to file a third party claim in relation to the plaintiff’s property damage because the third party claim against the broker was related to insurance coverage and not the plaintiff’s damages. Insurance law – Liability insurance – Wrap-up policies – Breach of policy – Material change in risk (failure ...
Insurance law – Life insurance – Criminal offences – Misrepresentation in obtaining insurance – Material change in risk – Damages – Costs in lieu of punitive damages Watson Estate v RBC Life Insurance Co of Canada, [2021] O.J. No. 4127, 2021 ONSC 5305, Ontario Superior Court of Justice, July 30, 2021, R.J. Mandhane J. The ...
Insurance law – Liability insurance – Wrap up policies – Duty to defend – Interpretation of policy – Deductible Distillery S.E. Development Corp. v. Temple Insurance Company, [2021] O.J. No. 1535, 2021 ONSC 1908, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds were the developer and a subcontractor involved in ...
Insurance law – Homeowner’s insurance – Material change in risk – Relief against forfeiture Dubroy v. Canadian Northern Shield Insurance Co., [2021] B.C.J. No. 402, 2021 BCSC 352, British Columbia Supreme Court, March 3, 2021, L. Marchand J. On January 20, 2019, a home owned by the insured was destroyed by fire. In May 2016, ...
Insurance law – Liability insurance – Occurrence – Derivative claims – Interpretation of policy – Exclusions – Duty to defend – Intentional torts – Practice – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2021] O.J. No. 1413, 2021 ONSC 2095, Ontario Superior Court of Justice, March 10, 2021, W.S. Chalmers J. The insured ...
