Landlord precluded from claiming against tenant for losses arising from a fire due to covenant to insure in the lease

12. September 2017 0
Plaintiff landlord precluded from claiming against defendant tenant for losses arising from a fire due to a covenant to insure in the lease. Property insurance; Fire insurance; Landlord and tenant; Subrogation Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2017] O.J. No. 3493, 2017 ONSC 3982, Ontario Superior Court of Justice, July 5, ...

Ontario Court of Appeal rules insurer not required to provide justification for their decision to request an examination under oath

12. September 2017 0
A general statement of the purpose of an examination under oath is sufficient notice under s. 33(2) of the Statutory Accident Benefits Schedule under Ontario’s Insurance Act. Automobile insurance; Statutory Accident Benefits Schedule; Appeals; Policies and insurance contracts; Rights and duties of insurer; Statutory provisions Aviva Insurance Co. of Canada v. McKeown, [2017] O.J. No. 3482, ...

Insured entitled to coverage under Alberta Standard Automobile Policy following accident involving an unidentified vehicle

Insured entitled to coverage under Alberta Standard Automobile Policy SPF # 1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy; Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court ...

Court not required to determine the threshold issue where there has been no award for health care costs or non-pecuniary loss

Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if amount awarded for pain and suffering is zero. Insurance law – Automobile insurance – Statutory provisions – Non-pecuniary damages – Threshold requirement; Damages; Actions Grajqevci v. Rustaie, [2017] O.J. No. ...

Use of non-compliant excluded driver form did not void endorsement in insurance coverage dispute

Use of an endorsement form not approved under s. 227(1) of the Insurance Act does not necessarily invalidate an agreement between the parties about exclusion from insurance coverage. Insurance law – Automobile insurance – Exclusions – Uninsured motorist – Duty to defend – Statutory provisions; Appeals Royal & Sun Alliance Insurance Co. of Canada v. Intact Insurance ...

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 ...