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, ...
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 & ...
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, ...
Ontario Court of Appeal upholds ruling that insureds made willfully false statements in Proof of Loss and are not entitled to relief from forfeiture Insurance law – Homeowner’s insurance – Proof of loss – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions – Practice – Leave to appeal – Relief against ...
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 ...
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...
Insurer could not rely on oven exclusion in equipment breakdown policy endorsement to deny coverage for a crouton and bread crumb production dryer fire Insurance law – Property insurance – Breach of policy – Exclusions – Business activities – Faulty design – Wear and tear Bowness Real Estate Corp. v. AXA Pacific Insurance Co., [2020] ...
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...
Insurance law – Disability insurance – Long term disability – Limitation of actions – Breach of policy – Practice – Summary judgments Halladay v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial Corp.), [2020] O.J. No. 2003, 2020 ONSC 2802, Ontario Superior Court of Justice, May 4, 2020, B.W. Abrams J. The insurer brought a motion ...
