Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured

27. February 2024 0
The Court of Appeal upheld a $1.5 punitive damages award against a disability insurer, finding that it was warranted in the face of what appeared to be a systemic approach by the insurer’s claims handling team to ignore the insured’s rights under the policy. However, the court found that the trial judge erred in creating ...

Airbnb renters may be insureds under strata insurance policies

30. January 2024 0
A subrogating strata corporation’s insurer was barred from claiming against a short-term renter Insurance law – Property insurance – Landlord and tenant – Strata corporations – Subrogation – Right of insurer to subrogation Strata Plan VR 2213 v. Schappert, [2023] B.C.J. No. 2272, 2023 BCSC 2080, British Columbia Supreme Court, November 27, 2023, S.R. Coval ...

Playing with fire and subrogation waivers

30. January 2024 0
A waiver of subrogation clause in the rules of a condominium owners’ association did not preclude claims against a unit owner for causing a fire Insurance law – Property insurance – Strata corporations – Subrogation – Right of insurer to subrogation Condominium Corp. No. 0840294 v. Oakley, [2023] A.J. No. 1225, 2023 ABKB 668, Alberta Court of ...

Compliance costs excluded under residential homeowners policy

27. December 2023 0
Ontario Court of Appeal allows appeal and finds costs incurred to comply with “any law” in repair or replacement of dwelling were excluded from recovery under policy. Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy – Doctrine of reasonable expectation – Practice – Appeals Edmond v. Trillium Mutual Insurance Co., [2023] O.J. ...

A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial

29. November 2023 0
Conflicts in expert evidence weigh against suitability for summary trial, particularly where the conflicts leave the Court unable to conclude on an issue in dispute. Insurance law – Stock Throughput insurance – Coverage – Evidence – Practice – Summary judgments – Damages Valley Select Foods Inc. v. Lloyd’s Underwriters, [2023] B.C.J. No. 1318, 2023 BCSC ...