Lessor not entitled to third party liability coverage under policy placed by lessee where the policy does not name lessor as an insured

10. January 2018 0
A lessor was not entitled to third party liability coverage under a policy placed by the lessee as the policy did not name the lessor as an insured. Insurance law – Automobile insurance – Lessors and lessees – Third parties – Interpretation of policy – Cancellation of policy Coast Capital Equipment Finance Ltd. v. Old ...

Insured entitled to indemnity under policy of insurance for theft claim arising out of two accidents in which her motor vehicle was involved and taken without her permission

12. December 2017 0
Insured entitled to indemnity under her policy of insurance for any claims or losses arising out of two accidents in which her motor vehicle was involved. Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, ...

Alberta Court of Queen’s Bench finds insurer has duty to defend insured in third party proceedings arising from workplace injury

12. December 2017 0
Insurer found to have duty to defend insured in third party proceedings in which it was alleged the insured had breached its contract with the defendant, the Court finding the plaintiff’s claim against the defendant was in negligence and therefore the third party claim could be established on the grounds of negligence. Insurance law – ...

Insurer found not to have duty to defend based on CGL policy exclusions in an action where insureds allegedly supplied defective grape vines

12. December 2017 0
Insurer found not to have a duty to defend the insureds in an action in which it was alleged they supplied defective grape vines based on three exclusions in a “Business Choice” commercial general liability policy Insurance law – Commercial general liability insurance – Duty to defend – Exclusions; Damages Mori-Vines Inc. v. Northbridge General ...

No coverage for additional insured where claim against additional insured did not arise solely out of the operations of the primary insured

12. December 2017 0
No coverage for additional insured because claim against additional insured did not arise solely out of the operations of the primary insured. Insurance law – Liability insurance – Duty to defend – Additional named insured; Practice – Underlying action Brookfield Johnson Controls Canada LP (c.o.b. Brookfield Global Integrated Solutions) v. Continental Casualty Co., [2017] O.J. ...

ONCA declines to rule on merits of an appeal in light of apparent conflict of interest between insured’s counsel and insured

12. December 2017 0
Ontario Court of Appeal declines to rule on merits of an appeal in light of an apparent conflict of interest between the insured’s counsel and the insured, given the insured’s counsel had brought an appeal of a decision finding there was no coverage under two additional policies of insurance which, if upheld, would likely result ...

Ontario court finds hospital employee was acting under the direction of the Hospital for purposes of determining whether insurer owes duty to defend

12. December 2017 0
The insurer had a duty to defend a hospital employee who was sued for invasion of privacy allegedly arising out of the insured’s unauthorized access to medical records of a patient outside the insured’s circle of care. Insurance law – Liability insurance – Named insured – Duty to defend – Interpretation of policy Oliveira v. ...

BCCA upholds finding that homeowner’s policy excludes coverage for claims arising from bodily injury to any person residing in insured’s household

12. December 2017 0
A homeowner’s policy was found to exclude coverage for liability arising from a third party notice issued against an insured where the underlying action was for personal injuries brought by the insured’s son who resided with the insured. Insurance law – Homeowner’s insurance – Exclusions – Actions – Interpretation of policy; Practice – Appeals – ...

BCCA finds claim alleging surcharges levied on foreign currency constituted deceptive practice and breached member agreements did not fall within coverage as the credit union’s policy excluded coverage for service charges

12. December 2017 0
A claim alleging surcharges levied on foreign currency constituted deceptive practice and breached member agreements did not fall within coverage as the credit union’s policy excluded coverage for charges for services. Insurance law – Liability insurance – Exclusions – Interpretation of policy; Appeals – Standard of review; Class actions Coast Capital Savings Credit Union v. ...

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. ...