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 ...
An insurer owed no duty of care to recommend a property valuation assessment Insurance law – Homeowner’s insurance – Replacement cost value – Duty of care – Valuation of property – Negligence of insured Lynch Estate v. Bay of Quinte Mutual Insurance Co., [2023] O.J. No. 2856, 2023 ONSC 3855, Ontario Superior Court of Justice, June 27, 2023, P. Hurley ...
An insured’s application to add insurers in place of a managing general agent was granted despite the expiry of the limitation period Insurance law – Property insurance – Limitation of actions – Estoppel – Practice – Summary judgments Raubvogel v. Can-Sure Underwriting, [2023] O.J. No. 2786, 2023 ONSC 3705, Ontario Superior Court of Justice, June 21, 2023, J. ...
Insurance law – Commercial general liability insurance – Property damage – Rental loss – Indemnity contract – Interpretation of policy – Practice – Summary judgments – Appeals Shelter Canadian Properties Ltd. v. Aviva Insurance Co. of Canada, [2023] A.J. No. 216, 2023 ABCA 74, Alberta Court of Appeal, March 3, 2023, P.A. Rowbotham, D. Pentelechuk ...
Insurance law – Commercial general liability insurance – Duty to defend – Occurrence vs. claims based policy – Interpretation of policy – Practice – Appeals Forest Hill Fine Homes Inc. v. Heartland Farm Mutual Insurance Co., [2023] O.J. No. 1211, 2023 ONCA 171, Ontario Court of Appeal, March 15, 2023, S.E. Pepall, A.L. Harvison Young ...
Insurance law – Homeowner’s insurance – Exclusions – Water damage – Interpretation of policy – Practice – Summary judgments Morgan v. Co-operators General Insurance Co., [2022] O.J. No. 5674, 2022 ONSC 7254, Ontario Superior Court of Justice, December 21, 2022, MacNeil J. The insured sought coverage for water damage to his townhouse under his home ...
Insurance law – Homeowner’s insurance – Delay – Relief against forfeiture – Duties and liabilities of insured Searles v. Economical Insurance, [2022] O.J. No. 5784, 2022 ONSC 7217, Ontario Superior Court of Justice, December 29, 2022, The Honourable Mr. Justice Pierre E. Roger The insureds purchased a home insurance policy, which was in force when ...
Insurance law – Liability insurance – Wrap up policies – Interpretation of policy – Construction development – Duties and liabilities of insured – Practice – Summary judgments Strata Plan BCS 3206 v. KBK No. 11 Ventures Ltd., [2022] B.C.J. No. 821, 2022 BCSC 766, British Columbia Supreme Court, May 10, 2022, M.B. Blok J. Honeywell ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Bodily injury – Intentional acts – Duties and liabilities of insurer R.C. v. Western Assurance Co., [2022] O.J. No. 21, 2022 ONSC 100, Ontario Superior Court of Justice, January 5, 2022, K. Muszynski J. The insureds sought a defence under their homeowner’s policy ...