Co-insured’s misrepresentations did not affect an innocent co-insured’s ability to claim under the policy

A misrepresentation by one co‑insured under s.554 of the Insurance Act, RSA 2000, c I‑3, does not affect an innocent co-insured’s interests because the statutory condition does not contain express language indicating misrepresentations by one insured will invalidate the policy as against an innocent co-insured. Haraba v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 274, ...

Summary judgment not appropriate for dispute regarding proof of loss in fire policy claim when credibility issues require a full trial to explore

18. April 2017 0
Summary judgment not appropriate for dispute regarding proof of loss when there are credibility issues requiring a full trial to explore. Gebara v. Economical Insurance Group, [2017] O.J. No. 458, 2017 ONSC 801, Ontario Superior Court of Justice, February 1, 2017, A. Doyle J. The insured moved for summary judgment for losses sustained as a ...

Ontario court finds loss transfer provisions apply to vehicles in motion even if chain reaction collision involves a vehicle not in motion

18. April 2017 0
Loss transfer provisions of the Fault Determination Rules apply to vehicles in motion even if the collision involves a vehicle that was not in motion. Kingsway General Insurance Co. v. Dominion of Canada General Insurance Co., [2017] O.J. No. 391, 2017 ONSC 498, Ontario Superior Court of Justice, January 27, 2017, R. Charney J. The ...

Punitive damages awarded against insurer for failure to pay fire coverage property claim in timely fashion

18. April 2017 0
Punitive damages awarded against insurer for failure to pay property claim in timely fashion. J.I.L.M. Enterprises & Investments Ltd. v. INTACT Insurance, [2017] O.J. No. 436, 2017 ONSC 357, Ontario Superior Court of Justice, January 16, 2017, W.D. Newton J. The insured brought an action for damages against its property insurer with respect to a ...

Hit-and-run victim who made “all reasonable efforts” to identify other driver entitled to compensation

18. April 2017 0
Insured made reasonable efforts to ascertain identity of hit-and-run drivers involved in motor-vehicle collision. Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van Oosten J. The insured driver brought a claim against the Insurance Corporation of British Columbia (“ICBC”) for damages arising out of a hit-and-run ...

Ontario court finds insurance contract “read as a whole” provides for alternative methods of proceeding where terms of contract are in dispute

Insurer’s motion for a stay of proceedings based on an arbitration clause in the insurance policy was dismissed because the declarations endorsement provided for proceeding by way of an action. Insurance law – Policies and insurance contracts – Interpretation of policy – Terms of policy – Arbitration provision; Actions – Stay of proceedings Trade Finance ...

Loss suffered by restaurant owners excluded under insurance policy’s Freezing Exclusion

Damage to the insureds’ restaurant was caused by two freezing incidents and was excluded from coverage by the freezing exclusion which provided that there was no insurance for loss or damage caused directly or indirectly by freezing. Insurance law – All-risk insurance – Exclusions – Policies and insurance contracts – Interpretation of policy; Practice – ...