Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...
Insurance law – Errors and omissions policies – Duty to defend – Professional negligence Malic v. Zurich Insurance Co., [2021] A.J. No. 544, 2021 ABQB 308, Alberta Court of Queen’s Bench, April 20, 2021, M. Hayes-Richards J. The insured brought an application seeking a declaration that the insurer had a duty to defend him in ...
Insurance law – Automobile insurance – Use of vehicle – Breach of policy – Material change in risk – Duty to defend – Duties and liabilities of insurer Euler v. Economical Insurance, [2021] O.J. No. 2124, 2021 ONSC 3018, Ontario Superior Court of Justice, April 22, 2021, D.C. Shaw J. The insured used his motor ...
Insurance law – Automobile insurance – Uninsured motorist – Fraud – Benefits – Statutory provisions – Practice – Leave to appeal – Standard of review – Summary judgments Abbas v. Esurance Insurance Co. of Canada, [2021] A.J. No. 562, 2021 ABQB 303, Alberta Court of Queen’s Bench, April 21, 2021, B.B. Johnston J. The insured ...
Insurance law – Property insurance – Proof of loss – Duties and liabilities of insurer – Practice – Breach of contract – Notice – Appeal – Standard of review Westland Insurance Co. v. Pounden, [2021] B.C.J. No. 783, 2021 BCCA 156, British Columbia Court of Appeal, April 16, 2021, M.E. Saunders, S.D. Frankel and J. ...
Court of Appeal awarded damages equivalent to replacement cost of a dwelling where insureds showed they would have replaced the dwelling had they had effective coverage. Insurance law – Property insurance – Landlord and tenant – Exclusions – Damages – Actual cost vs replacement cost – Agents and brokers – Duties and liabilities of agent ...
Court of Appeal overturned finding that a water damage extension extended the definition of insured property to include the land and soil in the insured’s backyard. Insurance law – Homeowner’s insurance – Extension – Interpretation of policy – Practice – Appeals Osborne v. Family Insurance Solutions Inc., [2021] B.C.J. No. 413, 2021 BCCA 104, British ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Third party claims – Occupiers liability – Use of vehicle Wawanesa Mutual Insurance Co. v. Insurance Corp. of British Columbia, [2021] B.C.J. No. 670, 2021 BCSC 595, British Columbia Supreme Court, April 1, 2021, G.P. Weatherill J. Wawanesa Mutual Insurance Company sought a ...
Insurance law – Homeowner’s insurance – Water damage – Vacancy exclusion – Practice – Summary judgments Gregson (Litigation guardian of) v. CAA Insurance Co. (Ontario), [2021] O.J. No. 2168, 2021 ONSC 3041, Ontario Superior Court of Justice, April 23, 2021, M.R. Gibson J. The insurer applied for summary dismissal of the insured’s action seeking coverage ...
Insurance law – Liability insurance – Wrap up policies – Property damage – Duty to defend – Exclusions – Construction development – Duties and liabilities of insurer GFL Infrastructure Group Inc. v. Temple Insurance Co., [2021] O.J. No. 1538, 2021 ONSC 1909, Ontario Superior Court of Justice, March 23, 2021, P.M. Perell J. The insureds ...
