Arbitration agreement is enforceable despite insurer’s failure to sign it where there was a clear intention of the parties to enter into an agreement

15. November 2017 0
An arbitration agreement was enforceable even though an insurer failed to sign it where there was a clear intention of the parties to enter into an agreement. Insurance law – Automobile insurance – Priority coverage; Arbitration; Practice – Leave to appeal Travelers Insurance Co. v. CAA Insurance Co., [2017] O.J. No. 4929, 2017 ONSC 5659, Ontario Superior Court ...

Application judge’s reasons are inadequate and do not permit meaningful appellate review in duty to defend coverage issue

15. November 2017 0
In determing whether the duty to defend has been triggered, the chambers judge must provide adequate reasons that permit meaningful appellate review. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Interpretation of policy; Practice – Leave to appeal; Actions – Vicarious liability National Gallery of Canada v. ...

Ontario Court of Appeal rules Minnesota is an “Inadequately Insured Motorist”

15. November 2017 0
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy; Practice – Leave to appeal – Standard of review; Damages ...

Insurer’s representative required to answer questions regarding the reason for denial of coverage at discovery, but not required to answer questions regarding the details of the investigation that led to that decision in personal injury action where motor vehicle liability insurer added as statutory third party

10. October 2017 0
In Ontario, when a motor vehicle liability insurer has added itself as a statutory third party to a personal injury action because it has denied coverage to an insured defendant, the insurer’s representative is required to answer questions regarding the reason for the denial of coverage at a discovery, but is not required to answer ...

Under section 171(1) of the Ontario Insurance Act, Change of Beneficiary Designation found to be valid

10. October 2017 0
A Change of Beneficiary Designation was found to be valid within the meaning of s.171(1) of the Insurance Act, R.S.O. 1990, chap. I. 8. Life insurance; Group insurance; Change of beneficiaries; Validity; Irrevocable beneficiaries; Statutory provisions Sun Life Assurance Co. of Canada v. Nelson Estate, [2017] O.J. No. 4394, 2017 ONSC 4987, Ontario Superior Court ...

Insurer fails to meet burden of showing insureds’ representations were false in action for fraud, unjust enrichment and conspiracy

10. October 2017 0
Insurer’s action for fraud, unjust enrichment and conspiracy was dismissed because the insurer failed to meet the burden of showing the insureds’ representations were false. Automobile insurance; Fraud; Evidence; Actions; Conspiracy Insurance Corp. of British Columbia v. Mehat, [2017] B.C.J. No. 1667, 2017 BCSC 1476, British Columbia Supreme Court, August 24, 2017, M.B. Blok J. The ...

Fire loss caused by tenant’s negligent maintenance of a motor vehicle is excluded from coverage

10. October 2017 0
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance; Fire; Landlord and tenant; Exclusions; Action; Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of Justice, August 14, 2017, M.D. ...

BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence

10. October 2017 0
The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no evidence as to what caused the plaintiff to fly from his bike, or that the unidentified vehicle had moved at all prior to the accident. Automobile insurance; Statutory provisions; Negligence; Action; Summary trial; ...