Canadian Insurance Law Blog - Page 99 of 116 -

The Court held that due to ambiguity in the language of the policy, “in transit” coverage was included in the insurance policy. The Court also held that the insurer was negligent in failing to provide the insurance coverage applied for by the insured. The agents were negligent in failing to advise the insured of the lesser coverage. The insured was not contributorily negligent in failing to read the policy of insurance.

27. September 2005 0

Posted by Harper Grey

Audio Works Production Services Ltd. v. Canadian Northern Shield Insurance Co., [2005] M.J. No. 348, Manitoba Court of Queen’s Bench

The Court held that Manitoba was the forum conveniens with respect to the interpretation of an umbrella insurance policy issued by an American insurance company

20. September 2005 0

Posted by Harper Grey

Whirlpool Canada Co. v. National Union Fire Insurance Co. of Pittsburgh, PA, [2005] M.J. No. 332, Manitoba Court of Queen’s Bench

On a motion for partial summary judgment to dismiss the subrogated portion of the Plaintiffs’ claims brought by the Plaintiffs’ insurer, the Court extended the “anti-subrogation rule” to prevent the insurer from advancing such a claim against its own insured under a separate policy of insurance

16. September 2005 0

Posted by Harper Grey

Lacombe v. Don Phillips Heating Ltd., [2005] O.J. No. 3936, Ontario Superior Court of Justice

An Insurer is entitled to recover from the driver of a motor vehicle monies paid out under a policy of insurance for the damages caused to that motor vehicle where it is determined that the driver was driving “while not authorized by law”

16. September 2005 0

Posted by Harper Grey

Certas Direct Insurance v. Strifler, [2005] O.J. No. 4293, Ontario Superior Court of Justice

After a hearing, the Judge found that because the Plaintiff was a person who “is or would have been” entitled to Part 7 benefits, the Court was required to estimate his entitlement to future Part 7 benefits, and deduct them from the tort award, even if the Plaintiff may never receive those benefits. The Judge also found that the statutory discount rate set by s. 56 of the Law & Equity Act provided no basis for a “top-up” on the award of future pecuniary damages.

12. September 2005 0

Posted by Harper Grey

Sovani v. Jin, [2005] B.C.J. No. 1979, British Columbia Supreme Court

The Chambers Judge found that the liability insurers of a general contractor were not required to provide a defence against claims for the cost of repairing work damaged by the other allegedly defective work within the same structure because such damage did not fall within the meaning of the term “property damage” under the policy

09. September 2005 0

Posted by Harper Grey

Swagger Construction Ltd. v. ING Insurance Co. of Canada, [2005] B.C.J. No. 1964, British Columbia Supreme Court

There is no duty upon a life insurance applicant to disclose information that has not been requested in a clear and unambiguous way in the insurance application form

08. September 2005 0

Posted by Harper Grey

Quinn v. Canada Life Assurance Co., [2005] B.C.J. No. 1947, British Columbia Supreme Court

The Court held that the insurer had not satisfied the onus of providing “clear and cogent evidence” required to establish the quasi-criminal allegation of fraud on the part of the insured

06. September 2005 0

Posted by Harper Grey

Kemp v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 2126, British Columbia Provincial Court

When a fire insurance policy does not clearly define the term “actual cash value”, an insured can be entitled to the replacement cost of the insured property as opposed to the market value

31. August 2005 0

Posted by Harper Grey

Ollerhead v. Ecclesiastical Insurance Office PLC, [2005] N.J. No. 272, Newfoundland and Labrador Supreme Court – Trial Division

The insured’s failure to disclose, on an application for property insurance, that he intended to use the house as a rooming house constituted a misrepresentation of a material fact. The Court held that the policy of insurance was voidable by the insurer.

28. August 2005 3

Posted by Harper Grey

Lee v. Canadian Northern Shield Insurance Co., [2005] B.C.J. No. 1715, British Columbia Supreme Court

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