The actual cash value of a ring was held to be the replacement cost without any deduction as the policy did not set out how such a deduction would be calculated and there was no evidence the ring had depreciated in value

12. June 2018 0
Insurance law – Homeowner’s insurance – Interpretation of policy – Damages – Actual cost vs replacement cost Machtinger v. CAA Insurance Co., [2018] O.J. No. 1950, Not available, Ontario Superior Court of Justice – Small Claims Court, April 11, 2018, A. Davis Deputy J. The insured was paid only the actual cash value, as calculated ...

Insured received coverage from automobile policy for an injury sustained when he was pushed while closing his van’s sliding door

12. June 2018 0
Insurance law – Automobile insurance – Ownership, use or operation of motor vehicle – Statutory Accident Benefits Schedule – Practice – Appeals – Standard of review North Waterloo Farmers Mutual Insurance Co. v. Samad, [2018] O.J. No. 1775, 2018 ONSC 2143, Ontario Superior Court of Justice, April 4, 2018, G.P. Smith, J.A. Thorburn and W.M. ...

Insurance coverage for mortgage fraud was not excluded where the mortgage proceeds were paid to the borrower’s lawyer despite an exclusion clause where payment of mortgage proceeds was made to any person or entity other than the borrower

12. June 2018 0
Insurance law – Mortgage insurance – Exclusions – Fraud – Interpretation of policy – Practice – Appeals Nodel v. Stewart Title Guaranty Co., [2018] O.J. No. 1872, 2018 ONCA 341, Ontario Court of Appeal, April 9, 2018, G.J. Epstein, D. Paciocco and I.V.B. Nordheimer JJ.A. The insured was a private mortgage lender and the victim ...

The insured sought coverage under his Ontario automobile insurance policy following an accident on an uninsured ATV in British Columbia. The ATV was not covered by the policy because the ATV was not an “automobile” under the Ontario policy.

12. June 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Automobile – definition – Interprovincial issues – Practice – Appeals – Standard of review Benson v. Belair Insurance Co., [2018] O.J. No. 1883, 2018 ONSC 2297, Ontario Superior Court of Justice, April 9, 2018, G.B. Morawetz R.S.J., J.A. Thorburn and E.R. Tzimas JJ. The ...

The insurer was not acting in bad faith or in breach of the terms of the policy when it discontinued coverage after the insured refused to attend a medical examination without being able to video record the examination

12. June 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Independent medical examination – Bad faith – Breach of policy Greenidge v. Allstate Insurance Co., [2018] A.J. No. 416, 2018 ABQB 266, Alberta Court of Queen’s Bench, April 6, 2018, K.G. Nielsen J. The insured refused to attend an independent medical examination arranged by ...

If notifying an insured of cancellation of coverage by registered mail, the onus to prove that the mail reached the post office is on the insurer

12. June 2018 0
Insurance law – Automobile insurance – Cancellation of policy, time cancellation in effect – Rights and duties of insurer – Interprovincial issues McBrien v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 611, 2018 BCSC 553, British Columbia Supreme Court, April 6, 2018, L.A. Warren J. Following a motor vehicle accident, the insurer argued it ...

A summary dismissal of a subrogated claim brought by a landlord’s insurer against a tenant for fire damage was upheld on appeal

Insurance law – Property insurance – Landlord and tenant – Subrogation – Right of insurer to subrogation – Practice – Appeals – Standard of review Youn v. 1427062 Alberta Ltd., [2018] A.J. No. 397, 2018 ABQB 241, Alberta Court of Queen’s Bench, March 27, 2018, C.L. Kenny J. The landlord owned commercial property that included ...

Elevator maintenance company required to defend owner and property manager of building based on covenant to insure in contract with property manager

Insurance law – Property insurance – Covenant to insure – Additional named insured – Duty to defend Henry v. Thyssenkrupp Elevator (Canada) Ltd., [2018] O.J. No. 1391, 2018 ONSC 1659, Ontario Superior Court of Justice, March 14, 2018, J.F. Diamond J. The plaintiff sued the owner, property manager, and elevator maintenance company of a residential ...

Insurer has a duty to defend its insured due to a possibility the insured would be liable for compensatory damages the insured had assumed under a contract

Insurance law – Commercial general liability insurance – Duty to defend – Practice – Appeals Creative Door Services Ltd. v. Axa Pacific Insurance Co., [2018] A.J. No. 292, 2018 ABCA 98, Alberta Court of Appeal, March 13, 2018, C.A. Fraser C.J.A., P.T. Costigan and M.G. Crighton JJ.A. The insurer appealed an order that it was ...

Insurer not entitled to pursue subrogated action in name of insured who was an undischarged bankrupt at time action was commenced

Insurance law – Homeowner’s insurance – Right of insurer to subrogation – Practice – Appeals Douglas v. Stan Fergusson Fuels Ltd., [2018] O.J. No. 1266, 2018 ONCA 192, Ontario Court of Appeal, March 9, 2018, A. Hoy, A.C.J.O., P.S. Rouleau, C.W. Hourigan, M.L. Benotto and L.B. Roberts JJ.A. An insurer brought a subrogated action in ...