Plaintiff’s Mileage Costs and Pain Program Costs Deducted from Damages Award as they Qualified for No Fault Benefits

20. October 2015 0
The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits. Insurance law – Automobile insurance – Benefits ...

A third party insurer’s duty to defend the additional insured municipality was limited to defending the claims insured and did not include those parts of an action that alleged negligence by the municipality or its employees

Insurance law – Liability insurance – Commercial general liability insurance – Interpretation of policy – Duty to defend – Additional named insured Carneiro v. Durham (Regional Municipality), [2015] O.J. No. 1842, 2015 ONSC 2427, Ontario Superior Court of Justice, April 15, 2015, G.D. Lemon J. The applicant municipality sought an order that its snow removal ...

The contractual limitation period for an insured to sue on a breach of the insurance policy, which provided coverage for damages involving an unidentified automobile, did not begin to run until the insured’s demand for coverage was denied

Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Statutory provisions Tucker v. Unknown Person; Tucker v. AXA General Insurance, [2015] N.J. No. 129, 2015 NLCA 21, Newfoundland and Labrador Supreme Court – Court of Appeal, April 21, 2015, J.D. Green C.J.N.L., B.G. Welsh, M. Rowe, ...

Relief from Forfeiture Granted to Plaintiff who Missed Deadline for Disability Benefits

17. February 2015 0
The insured was granted relief from forfeiture for failing to meet the contractually imposed deadline for submitting a claim for long term disability benefits. Insurance law – Disability insurance – Exclusions – Policies and insurance contracts – Rights and duties of insured – Notice – Relief against forfeiture Dube v. RBC Life Insurance Co.,[2015] O.J. ...

Inconsistent Limitation Periods in Policy Materials Resulted in the Insurer’s Loss of the Limitations Defence

17. February 2015 0
The appeal of a decision finding that the contractual limitation period in a disability insurance policy was ambiguous and therefore unenforceable was dismissed. Insurance law – Disability insurance – Group insurance – Interpretation of policy – Long term disability benefits – Limitation of actions – Running of limitation period – Discoverability – Contra proferentum rule ...

Where a House was Deemed Unsafe for Occupancy, Title Insurance was Found not to Cover the Loss

17. February 2015 0
The applicant homeowners’ summary judgment application brought against their title insurer for breach of contract and breach of good faith was dismissed on the basis that the loss was not covered. Insurance law – Title insurance – Policies and insurance contracts – Interpretation of policy – Coverage – Good faith breach of MacDonald v. Chicago ...

Property Damage Claim Excluded for “Faulty Workmanship”

05. September 2014 0
The insured’s property damage claim under a homeowner’s policy for damage to her house alleged to have been caused by a contractor fell within the “faulty workmanship” exclusion of the insured’s insurance policy, which also excluded resulting damage from faulty workmanship. Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. 3509, June 27, 2014, Ontario ...

Farmer’s Bodily Injuries From ATV Accident Not Covered

05. September 2014 0
A farmer’s action for damages for bodily injuries and accident benefits arising out of an accident that occurred while he was driving an uninsured all-terrain vehicle on a public road was statute barred by virtue of the operation of Ontario’s 267.6(1) of the Insurance Act and s. 30(1)(a) of the Statutory Accident Benefits Schedule. Although ...

Tenant’s Interference with Furnace Causing Failure did not Fall Under Mechanical Breakdown Exclusion

05. September 2014 0
At appeal, the court upheld the trial judge’s decision that a tenant’s insertion of cardboard into furnace controls which caused the furnace to run continually until failure, did not fall within the mechanical breakdown or pollution exclusion under the insured landlord’s all-risk insurance policy. The court also upheld the lower court’s decision that the letter ...