A driver’s automobile insurance policy will respond prior to the owner’s umbrella liability policy

10. April 2018 0
Insurance law – Automobile insurance – Liability insurance – Multiple policies – Priority coverage – Excess liability coverage – Rights and duties of insurer – Practice – Appeals Benson v. Walt, [2018] O.J. No. 947, 2018 ONCA 172, Ontario Court of Appeal, February 22, 2018, R.J. Sharpe, H.S. LaForme, K.M. van Rensburg JJ.A Following a ...

The court cannot rely on legislative intent of another province to manufacture ambiguity in an otherwise unambiguous exclusion clause

10. April 2018 0
Insurance law – Automobile insurance – Interpretation of policy – Exclusions – Consent to drive – Contra proferentum rule – Practice – Appeals – Standard of review Cardinal v. Alberta Motor Association Insurance Co., [2018] A.J. No. 195, 2018 ABCA 69, Alberta Court of Appeal, February 21, 2018, P.T. Costigan, B.K. O’Ferrall, T.W. Wakeling JJ.A ...

The insurer’s application for double costs following trial was refused on the basis that its formal offer to settle was ambiguous

Insurance law – Costs – Special or increased costs – Double costs – Practice – Settlement of action – Formation and validity Park v. Donnelly, [2018] B.C.J. No. 260, 2018 BCSC 219, British Columbia Supreme Court, February 15, 2018, P.G. Voith J. Prior to trial on a motor vehicle accident claim, the third party insurer ...

The insurer was added as a defendant to an action after the limitation period running from the date of the motor vehicle accident had expired due to discoverability issues but the insurer was at liberty to plead a limitation defence

Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Discoverability – Practice – Parties to action – Adding a party Bhatt v. John Doe, [2018] O.J. No. 759, 2018 ONSC 950, Ontario Superior Court of Justice, February 9, 2018, Master B. McAfee The plaintiffs were passengers ...

Strata building sprinkler system held to be a plumbing delivery and distribution system, and therefore defects in material and labour for the sprinkler system enjoyed a two year warranty

09. March 2018 0
The strata building sprinkler system was held to be a plumbing delivery and distribution system, and therefore defects in material and labour for the sprinkler system enjoyed a two year warranty. Insurance law – Homeowner warranty insurance – Coverage – Expired policy – Property – Strata Corporations Strata Plan 4249 v. Travelers Insurance Co. of Canada, ...

Insured’s fleet policy excludes underinsured motorist coverage, but coverage found in personal vehicles’ policy

09. March 2018 0
A notation of “PP/LC” which qualified a grant of underinsured motorist coverage excluded coverage for the insured as he was neither a private passenger nor driving a light commercial vehicle, but coverage was found in another policy with a similar underinsured motorist coverage clause that did not contain the qualifying notation. Insurance law – Automobile ...

Insured awarded mental distress and punitive damages where insurer found to have failed to act in good faith in the handling of the insured’s disability claim

09. March 2018 0
The insurer was found to have failed to act in good faith in the handling of the insured’s disability claim and the insured was awarded mental distress and punitive damages. Insurance law – Disability insurance – Punitive damages – Mental distress – Medical examination – Good faith Godwin v. Desjardins Financial Security Investments Inc., [2018] ...

Breach of contract claim for failing to add party as an additional insured in contractor’s liability policy found to be time-barred

09. March 2018 0
A breach of contract claim for failing to add a party as an additional insured in a contractor’s liability policy was time-barred by virtue of the operation of Ontario’s Limitation Act. Insurance law – Liability insurance – Additional named insured – Duty to defend – Contracts – Privity of contract – Limitation of actions Brookstreet ...

Insurer obligated to contribute to defence costs and settlement in personal injury lawsuit where insured’s homeowner’s policy found not to operate as an excess liability policy

09. March 2018 0
An insured’s homeowner’s policy was held not to operate as an excess liability policy, obligating the insurer to contribute to defence costs and settlement respecting a lawsuit arising out of a fall that occurred after hours at the insured’s business premises. Insurance law – Homeowner’s insurance – Bodily injury – Corporate capacity – Excess liability ...

Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies

13. February 2018 0
Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies. Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Costs – Special costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2017] B.C.J. No. 2670, ...