Litigation privilege cannot be abrogated absent express statutory provision; s. 337 of the Act Respecting the Distribution of Financial Products and Services does not provide such express provision. Insurance law – Adjusters – Duties and liabilities – Practice – Disclosure of documents – Statutory provisions – Litigation privilege Lizotte v. Aviva Insurance Co. of Canada, [2016] ...
Part 7 benefits under the Insurance (Motor Vehicle) Act and its Regulations are not compensation from a person whose acts have caused or are alleged to have caused disability. Insurance law – Automobile insurance – No-fault coverage – Benefits – Underinsured motorist – Disability insurance – Damages – Disability benefits, deductibility Brugger v. IWA – ...
Insurance law – Mortgages – Duties and liabilities of mortgagor – Fire insurance – Additional named insured Wilson v. Scotia Mortgage Corp., [2016] O.J. No. 5817, 2016 ONSC 7000, Ontario Superior Court of Justice, November 14, 2016, S.F. Dunphy J. A dispute arose between a mortgagor and a mortgagee. Following the dispute, the mortgagee placed a policy of fire insurance ...
Insurance law – Adjusters – Consultants – Duties and liabilities – Releases – Policies and insurance contracts – Good faith, breach of – Practice – Settlement of action – Summary judgments, availability 3746292 Manitoba Ltd. v. Intact Insurance Co., [2016] M.J. No. 315, 2016 MBQB 210, Manitoba Court of Queen’s Bench, November 7, 2016, R.A. Dewar J. An insured and ...
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Insurance law – Automobile insurance – Actions – Benefits – Limitation of actions Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of ...
Insurance law – Disability insurance – Total disability – Group insurance – Long term disability benefits – Limitation of actions – Running of limitation period Todd v. Felton Brushes Ltd., [2016] O.J. No. 4546, 2016 ONSC 5252, Ontario Superior Court of Justice, August 30, 2016, T.R. Lofchik J. The insured commenced an action against a ...
Insurance law – Automobile insurance – Ownership, use or operation of motor vehicle – Statutory provisions Prosofsky v. Insurance Corp. of British Columbia, 2016] B.C.J. No. 1829, 2016 BCSC 1586, British Columbia Supreme Court, August 29, 2016, H. Hyslop J. The insured sought reinstatement of rehabilitation benefits that had been cut off by the insurer. ...
Faulty workmanship exclusion in builder’s risk policy excludes only the actual cost of redoing the faulty work. Insurance law – All-risk insurance – Builder’s risk policy – Policies and insurance contracts – Coverage – Exclusions – Interpretation of policy – defective workmanship – Resulting damage – Contra proferentum rule – Appeals – Standard of review ...
Title insurance provider was required to indemnify a lawyer for costs in defending a claim arising under title insurance policy pursuant to indemnity obligation set out in correspondence with Law Society of Upper Canada. Insurance law – Title insurance – Interpretation of policy Small v. Chicago Title Insurance Co., [2016] O.J. No. 3131, 2016 ONSC 3876, Ontario Superior ...
