Insurer has duty to defend in pollution exclusion claim

14. March 2017 0
Because the pleading did not allege sufficient facts about how the pollution escaped from the insured’s underground storage tanks, there was a possibility that the claim fell within the exception to the pollution exclusion clause and the insurer had a duty to defend the insured. Insurance law – Commercial general liability insurance – Umbrella policies ...

Canada Pension Plan disability payments are not income for the purpose of survivor benefits calculations

19. September 2016 0
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Insurance law – Automobile insurance – Benefits – No-fault coverage – Death benefits – Earned income – definition – Statutory provisions – Statutory interpretation Holtby-York ...

Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. Insurance law – Policies and insurance contracts – Misrepresentation in obtaining insurance C.H. Robinson Worldwide ...

Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Insurance law – Agents and brokers – Duties and liabilities of agent – Errors and omissions policies Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. ...

Oil leaking to the soil under the premises was not an imminent peril

15. April 2016 0
An insured landowner’s appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. Insurance law – Property insurance – Vandalism – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – Definition – Imminent peril Garden View Restaurant Ltd. v. Portage La Prairie ...

Soil under the house was not insured property under homeowner’s policy

15. April 2016 0
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Insurance law – Homeowner’s insurance – Property insurance – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – definition Snow v. Royal ...

Regulation capping benefits for attendant care services provided by a family member at economic loss sustained by that family member did not apply retrospectively

21. December 2015 0
Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Attendant care – Statutory provisions – interpretation – Retrospective application of legislation Davis v. Wawanesa Mutual Insurance Co., [2015] O.J. No. 5571, October 27, 2015, Ontario Superior Court of Justice, E. Quinlan J.