Insurance law – Homeowner’s insurance – Material change in risk – Relief against forfeiture Dubroy v. Canadian Northern Shield Insurance Co., [2021] B.C.J. No. 402, 2021 BCSC 352, British Columbia Supreme Court, March 3, 2021, L. Marchand J. On January 20, 2019, a home owned by the insured was destroyed by fire. In May 2016, ...
Insurance law – Automobile insurance – Exclusions – Commercial use vehicle – Statutory provisions [interpretation] Bonn v. Echelon Insurance, [2021] N.S.J. No. 59, 2021 NSSM 2, Nova Scotia Small Claims Court, February 8, 2021, Adjudicator A.M. Richardson, QC The insurer denied coverage based on the carrying of passengers for compensation or hire exclusion after the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Costs – Special or increased costs – Practice – Appeal – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2021] B.C.J. No. 243, 2021 BCCA 65, British Columbia Court of Appeal, February 12, 2021, ...
Insurance law – Homeowner’s insurance – Misrepresentation – Material change in risk – Fraud – Practice – Appeal Nagy v. BCAA Insurance Corp., [2020] B.C.J. No. 1563, 2020 BCCA 270, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, E.A. Bennett and J.C. Grauer JJ.A. The insurer appealed a summary trial decision that found ...
Insurance law – Automobile insurance – Consent to drive – Unidentified motorist – Statutory provisions – Vicarious liability – Practice – Appeals – Evidence Megaro v. Vanstone, [2020] B.C.J. No. 1561, 2020 BCCA 273, British Columbia Court of Appeal, October 7, 2020, M.E. Saunders, G.J. Fitch and J.C. Grauer JJ.A. The insurer appealed the trial ...
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...
Insurance law – Disability insurance – Long term disability – Limitation of actions – Breach of policy – Practice – Summary judgments Halladay v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial Corp.), [2020] O.J. No. 2003, 2020 ONSC 2802, Ontario Superior Court of Justice, May 4, 2020, B.W. Abrams J. The insurer brought a motion ...
Insurance law – Group insurance – Long term disability benefits – Limitation of actions – Practice – Appeals – Summary judgments Clarke v. Sun Life Assurance Co. of Canada, [2020] O.J. No. 71, 2020 ONCA 11, Ontario Court of Appeal, January 8, 2020, D.M. Brown, G. Huscroft and G.T. Trotter JJ.A. The insured made a ...
Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...