What to do when there are two applicable insurance policies?

10. November 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Additional named insured – Duties and liabilities of insurer – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March 31, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. ...

Insured driver’s failure to take steps to ascertain the negligent driver’s identity may have been reasonable

10. November 2020 0
Insurance law – Automobile insurance – Unidentified motorist – Damages – Practice – Summary judgment v trial Lamb v. Co-operators General Insurance Co., [2020] O.J. No. 3492, 2020 ONSC 4955, Ontario Superior Court of Justice, August 19, 2020, J. Stribopoulos J. The insured commenced an action for damages she suffered when an unidentified motorist struck ...

No coverage where insured failed to prove smoke damage

10. November 2020 0
Insurance law – Commercial general liability insurance – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments – Evidence – Expert evidence Sidhu (c.o.b. Prosperity Electric) v. Aviva Insurance Co. of Canada, [2020] B.C.J. No. 1240, 2020 BCSC 1171, British Columbia Supreme Court, August 7, 2020, S.C. Fitzpatrick J. The insured ...

‘Till liability do us part: wedding bartender’s joint liability results in deduction for underinsured motorist coverage

13. October 2020 0
Underinsured motorist coverage allows deduction of available insurance proceeds from jointly liable parties Insurance law – Automobile insurance – Underinsured motorist – Third parties – Subrogation – Right of insurer to subrogation – Practice – Leave to appeal – Jury trials Tuffnail v. Meekes, [2020] O.J. No. 2371, 2020 ONCA 340, Ontario Court of Appeal, ...

Insurance coverage for a rainy day

13. October 2020 0
Coverage granted under a flood endorsement in an all risks policy for entry of water due to heavy rainfall Insurance law – All-risk insurance – Exclusions – Interpretation of policy – Business interruption – Damages – Economic loss – Practice – Leave to appeal – Insured – Rights, duties and liabilities Le Treport Wedding & ...

Policy interpretation drives the bus

13. October 2020 0
Coverage granted under commercial automobile policy for bus involved in an accident the day after acquisition Insurance law – Automobile insurance – Ownership of vehicle – Material change in risk – Interpretation of policy – Duty to defend – Insurer – Rights, duties and liabilities PK Construction Ltd. v. Aviva Insurance, [2020] N.S.J. No. 252, ...

Having your cake but not eating it – how entitlement to future insurance benefits can lead to a big deduction from a trial award

13. October 2020 0
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...