Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Deductible – Future benefits Rix v. Koch, [2021] B.C.J. No. 1710, 2021 BCSC 1526, British Columbia Supreme Court, August 5, 2021, D. MacDonald J. Following trial in a motor-vehicle claim, the defendants applied post-trial to make deductions to the cost of future care award ...
Insurance law – Liability insurance – Public entity – Duty to defend – Property damage – Occurrence – Exclusions AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2021] O.J. No. 4339, 2021 ONSC 5372, Ontario Superior Court of Justice, August 4, 2021, W. Black J. The insured city was sued by homeowners for slope degradation ...
Insurance law – Directors and officers liability insurance – Wrongful acts – Duty to defend – Interpretation of policy – Terms of policy – Duties and liabilities of insurer Goodfellow v. CUMIS General Insurance Co., [2021] O.J. No. 2744, 2021 ONSC 3604, Ontario Superior Court of Justice, May 18, 2021, P.J. Cavanagh J. Five former ...
Insurance law – Property insurance – Remediation – Exclusions – Interpretation of policy – Practice – Appeals Zurich Insurance Co. v. Halifax (Regional Municipality), [2021] N.S.J. No. 240, 2021 NSCA 43, Nova Scotia Court of Appeal, June 3, 2021, M.J. Wood C.J.N.S., P. Bryson and A.S. Derrick JJ.A. The Halifax Regional Municipality discovered hydrocarbon contamination ...
Insurance law – Automobile insurance – Good faith – Statutory provisions – Damages – Punitive damages – Duties and liabilities of insurer – Actions – Criminal acts Barata v. Intact Insurance Co., [2021] A.J. No. 736, 2021 ABQB 419, Alberta Court of Queen’s Bench, May 28, 2021, G.S. Dunlop J. The insured sought damages from ...
Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...
Insurance law – Errors and omissions policies – Duty to defend – Professional negligence Malic v. Zurich Insurance Co., [2021] A.J. No. 544, 2021 ABQB 308, Alberta Court of Queen’s Bench, April 20, 2021, M. Hayes-Richards J. The insured brought an application seeking a declaration that the insurer had a duty to defend him in ...
Insurance law – Automobile insurance – Use of vehicle – Breach of policy – Material change in risk – Duty to defend – Duties and liabilities of insurer Euler v. Economical Insurance, [2021] O.J. No. 2124, 2021 ONSC 3018, Ontario Superior Court of Justice, April 22, 2021, D.C. Shaw J. The insured used his motor ...
Insurance law – Automobile insurance – Uninsured motorist – Fraud – Benefits – Statutory provisions – Practice – Leave to appeal – Standard of review – Summary judgments Abbas v. Esurance Insurance Co. of Canada, [2021] A.J. No. 562, 2021 ABQB 303, Alberta Court of Queen’s Bench, April 21, 2021, B.B. Johnston J. The insured ...
Insurance law – Property insurance – Proof of loss – Duties and liabilities of insurer – Practice – Breach of contract – Notice – Appeal – Standard of review Westland Insurance Co. v. Pounden, [2021] B.C.J. No. 783, 2021 BCCA 156, British Columbia Court of Appeal, April 16, 2021, M.E. Saunders, S.D. Frankel and J. ...