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 ...
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 ...
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 ...
Insurance law – Homeowner’s insurance – Tenant – Interpretation of policy – Exclusion – Practice – Underlying action Traders General Insurance Co. v. Gibson, [2019] O.J. No. 1261, 2019 ONSC 1599, Ontario Superior Court of Justice, March 12, 2019, C.J. Brown J. The insurer sought a declaration that it was not required to indemnify the ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...