Insurance law – All-risk insurance – Accidental – Business interruption coverage – Interpretation of policy Le Treport Wedding & Convention Centre Ltd. v Co-operators General Insurance Co., [2019] O.J. No. 2595, 2019 ONSC 3041, Ontario Superior Court of Justice, May 17, 2019, D.K. Gray J. The insured events centre sought coverage under an all-risks policy ...
Insurance law – Automobile insurance – Permanent impairment – definition – Statutory provisions Mann v. Jeffersen, [2019] O.J. No. 1073, 2019 ONSC 1107, Ontario Superior Court of Justice, February 19, 2019, J.K. Trimble J. The defendants in a motor vehicle action sought an order that the plaintiff had not proven he suffered a “permanent serious ...
Insurance law – Costs – Duties and liabilities of insurer Peter B. Cozzi Professional Corp. v. Szot, [2019] O.J. No. 921, 2019 ONSC 1274, Ontario Superior Court of Justice, February 22, 2019, S. Nishikawa J. The applicant lawyer sought a declaration that proceeds of an After the Event (ATE) policy were the property of the plaintiff ...
Insurance law – Commercial general liability insurance – Homeowner’s insurance – Duty to defend – Excess liability – Estoppel Royal & Sun Alliance Insurance Co. v. Intact Financial Corp., [2019] O.J. No. 969, 2019 ONSC 1339, Ontario Superior Court of Justice, February 26, 2019, E.M. Morgan J. The applicant insurer sought an order requiring the ...
Insurance law – Automobile insurance – Unidentified motorist – Practice – Summary judgments Passarelli v. Personal Insurance Co., [2019] O.J. No. 1075, 2019 ONSC 1408, Ontario Superior Court of Justice, February 28, 2019, E.M. Morgan J. The insurer applied for summary judgment on the basis there was no evidence for the insured’s claim under the ...
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions Schellenberg v. Wawanesa Mutual Insurance Co., [2019] B.C.J. No. 221, 2019 BCSC 196, British Columbia Supreme Court, February 19, 2019, M.L. Fleming J. The insurer voided the insureds’ homeowner policy after a fire for ...
Insurance law – Agents and brokers – Breach of contract – Practice – Summary judgments Canadian Northern Shield Insurance Co. v. 2421593 Canadian Inc., [2018] O.J. No. 5879, 2018 ONSC 3627, Ontario Superior Court of Justice, November 13, 2018, L.A. Pattillo J. The insurer sought damages for breach of contract against an insurance broker in ...
Insurance law – Interpretation of policy – Contra proferentum rule – Practice – Summary judgments SSQ Insurance Co. v. Sutherland, [2018] A.J. No. 1337, 2018 ABQB 934, Alberta Court of Queen’s Bench, November 15, 2018, Master S.L. Schulz The insurer alleged it overpaid its insured and sought repayment by way of summary judgment. The insured ...
Insurance law – Automobile insurance – Unidentified motorist – Evidence – Practice – Summary judgments Gardner v. John Doe Driver, [2018] O.J. No. 4128, 2018 ONSC 4639, Ontario Superior Court of Justice, August 2, 2018, P.M. Perell J. The insured was involved in a motor vehicle accident and sued the insurer pursuant to s. 265(1) ...
