Beware of special costs when denying insurance coverage

11. August 2020 0
Insurance law – Medical travel insurance – Breach of good faith – Damages – Special damages – Punitive damages – Costs – Special and increased costs Stewart v. Lloyd’s Underwriters, [2020] B.C.J. No. 722, 2020 BCSC 669, British Columbia Supreme Court, April 30, 2020, B.J. Norell J. The insurer was found to have wrongfully denied ...

Not a moment too soon

10. December 2019 0
A pedestrian was covered under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse’s use at the time of the accident. Insurance law – Automobile insurance – Statutory Accident Benefits – Interpretation of policy – Uninsured motorist – Practice – Appeals Murphy v. Savoie, [2019] O.J. No. 5004, 2019 ONCA 784, Ontario ...

You’re only responsible for what you know

10. December 2019 0
Insurer not estopped from denying coverage when it acted soon after obtaining new information and there was no prejudice to insured. Insurance law – Automobile insurance – Statutory provisions – Impaired driver – Breach of policy – Estoppel – Practice – Appeals – Discovery Bradfield v. Royal Sun Alliance Insurance Co. of Canada, [2019] O.J. No. ...

It’s the same wherever you go

10. December 2019 0
An ATV and a dirt bike involved in accidents outside of Ontario were considered automobiles within the meaning of the provisions for statutory accident benefits under Ontario legislation. Insurance law – Automobile insurance – Statutory Accident Benefits – Uninsured motorist – Automobile, definition – Interprovincial issues – Practice – Appeals Benson v. Belair Insurance Co., [2019] O.J. No. 5437, 2019 ONCA 840, ...

It does not help to have an “a-ha!” moment too late

10. September 2019 0
The insured’s claim for property damage was excluded from coverage by the policy’s illegal drug operations exclusion. Insurance law – Property insurance – Exclusions – Illegal acts – Landlord and tenant – Actions – Limitation of actions – Practice – Summary judgments Lafferty v. Co-Operators General Insurance Co., [2019] A.J. No. 907, 2019 ABQB 515, Alberta ...

The amount owed by the insured for failing to supply a product pursuant to a contract was not covered under the business interruption coverage

11. June 2019 0
Insurance law – Business interruption insurance – Exclusions – Rights and duties of insured – Practice – Summary judgments Cancarb Ltd. v. Ace Ina Insurance, [2019] A.J. No. 449, 2019 ABQB 258, Alberta Court of Queen’s Bench, April 12, 2019, Master J.T. Prowse The insured operated a steam turbine and sold electric power to a ...

The builder’s risk policy only covered damage to property which was under construction, not the resulting damage to other property on the premises

11. June 2019 0
Insurance law – Commercial general liability insurance – Builder’s risk policy – Exclusions – Interpretation of policy – Practice – Summary judgments Pre-Eng Contracting Ltd. v. Intact Insurance Co., [2019] O.J. No 1812, 2019 ONSC 1700, Ontario Superior Court of Justice, April 10, 2019, P. Bawden J. The insured’s builder’s risk insurer and commercial general liability ...

The commercial general liability policies only applied to property damage occurring during the policy period and the pollution exclusion excluded damage to adjacent property as a result of the migration of pollutants from the insured’s property

11. June 2019 0
Insurance law – Commercial general liability insurance – Occurrence policy – Property damage – Pollution exclusions – Duty to defend – Rights and duties of insurer – Interpretation of policy – Costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2019] B.C.J. No. 550, 2019 BCCA 110, British Columbia Court of Appeal, April 5, 2019, ...