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. ...

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 ...

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; ...

Employer’s automobile insurance policy does not provide underinsured coverage to employee who rented an automobile

12. September 2017 0
Employer’s automobile insurance policy did not respond to a motor vehicle accident involving an employee in a rental vehicle which was itself insured as required by law. Automobile insurance; Family compensation and fatal accident claims; Underinsured motorist; Interpretation of policy; Priority coverage Macrae v. Liberty International Underwriters, a Division of the Liberty Mutual Insurance Co., [2017] O.J. No. ...

Insured entitled to statutory accident benefits after spilling hot coffee on herself while in McDonald’s drive-through

12. September 2017 0
An insured who spilled coffee on herself as she transferred coffee from the drive-through window at a McDonald’s to the cup holder in her car was entitled to statutory accident benefits under her automobile insurance policy. Automobile insurance; Causation; Test; No-fault coverage; Statutory provisions; Policies and insurance contracts Dittmann v. Aviva Insurance Co. of Canada, [2017] O.J. No. ...

Medical expenses incurred by insured while outside of Canada are not excluded by the policy

12. September 2017 0
Having been advised by his treating physicians that his condition was stable, that he was safe to travel, and that further testing could wait until after his travels, the medical expenses incurred by the insured while outside of Canada were not excluded by the policy. Group insurance; Interpretation of policy; Exclusion clauses; Pre-existing condition; Medical ...