An insured’s application to add insurers in place of a managing general agent was granted despite the expiry of the limitation period Insurance law – Property insurance – Limitation of actions – Estoppel – Practice – Summary judgments Raubvogel v. Can-Sure Underwriting, [2023] O.J. No. 2786, 2023 ONSC 3705, Ontario Superior Court of Justice, June 21, 2023, J. ...
The insurer was required to defend an additional insured because there was at least a mere possibility of coverage based on the allegations in the pleading. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Exclusions – Interpretation of policy – Duties and liabilities of insurer Surrey (City) ...
Agreements are a two-way street: while coverage under an insurance policy is to be interpreted generously as a matter of public policy, the Court will not favour an interpretation that amounts to ignoring the terms and wording of a policy. Insurance law – Commercial general liability insurance – Excess liability – Interpretation of policy – ...
Property insurance – Proof of loss – Mandatory appraisal – Bad faith – Statutory provisions – Practice – Appeals – Summary judgments – Duties and liabilities of insured Truscott v. Co-Operators General Insurance Co., [2023] O.J. No. 1709, 2023 ONCA 267, Ontario Court of Appeal, April 19, 2023, E.E. Gillese, M.H. Tulloch and L.B. Roberts ...
Insurance law – Property insurance – Arson – Evidence – Landlord and tenant – Material change in risk – Failure to notice – Practice – Appeal Wynward Insurance Group v. Smith Building and Development Ltd., [2023] S.J. No. 178, 2023 SKCA 57, Saskatchewan Court of Appeal, May 12, 2023, L.M. Schwann, J.A. Tholl and J.D. ...
Insurance law – Commercial general liability insurance – Exclusions – Interpretation of policy – Duty to defend – Practice – Pleadings – Class actions Aviva Insurance Co. of Canada v. 8262900 Canada Inc. (c.o.b. Carepartners/Community Nursing Services Foundation), [2023] O.J. No. 2041, 2023 ONSC 2641, Ontario Superior Court of Justice, May 1, 2023, M. Koehnen ...
Insurance law – Commercial general liability insurance – Intentional acts – Exclusions – Duty to defend – Duties and liabilities of insurer – Class actions Ontario v. St. Paul Fire and Marine Insurance Co., [2023] O.J. No. 1170, 2023 ONCA 173, Ontario Court of Appeal, March 15, 2023, D. Paciocco, J.C. George and L.G. Favreau ...
Insurance law – Property insurance – Valuation of property – Good faith – Duties and liabilities of insured Oraniewicz v. Intact Insurance Co., [2023] B.C.J. No. 470, 2023 BCSC 400, British Columbia Supreme Court, March 16, 2023, D.K. Hori J. The insured owned and operated a restaurant and hotel in Kimberly, British Columbia. The insurer ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer – Practice – Appeals Butterfield v. Intact Insurance Co., [2023] O.J. No. 1518, 2023 ONCA 246, Ontario Court of Appeal, April 6, 2023, J.M. Fairburn A.C.J.O., J.C. MacPherson and B. Miller JJ.A. The insured had ...
Insurance law – Homeowner’s insurance – All-risk insurance – Water damage – Exclusions – Interpretation of policy – Practice – Summary judgments – Appeals Gill v. Wawanesa Mutual Insurance Co., [2023] B.C.J. No. 339, 2023 BCCA 97, British Columbia Court of Appeal, February 27, 2023, P.M. Willcock, S.A. Griffin and P. Abrioux JJ.A. The insured ...