Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Bodily injury – Intentional acts – Duties and liabilities of insurer R.C. v. Western Assurance Co., [2022] O.J. No. 21, 2022 ONSC 100, Ontario Superior Court of Justice, January 5, 2022, K. Muszynski J. The insureds sought a defence under their homeowner’s policy ...
Insurance law – Property insurance – Business interruption insurance – Economic loss – Subrogation – Right of insurer to subrogation – Loss of income – Practice – Summary judgments – Duties and liabilities of insurer Imperial Metals Corp. v. Factory Mutual Insurance Co., [2022] B.C.J. No. 66, 2022 BCSC 73, British Columbia Supreme Court, January ...
Insurance law – Property insurance – Appraisal – Practice – Discovery Arvanitopoulos v. Wawanesa Mutual Insurance Co., [2021] O.J. No. 6230, 2021 ONSC 7309, Ontario Superior Court of Justice, November 4, 2021, B. McAfee Associate J. The insurer sought an order under Rule 32 of the Ontario Rules of Civil Procedure that its experts be ...
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Parties to an action 2748355 Canada Inc. Aviva Insurance Co. of Canada, [2021] O.J. No. 6741, 2021 ONSC 7925, Ontario Superior Court of Justice, December 1, 2021, S. Woodley J. A property manager applied for a declaration that the insurer of ...
Insurance law – Commercial general liability insurance – Builder’s risk policy – Duty to defend – Negligent misrepresentation – Occurrence – Class actions Theberge Developments Ltd. v. Aviva Insurance Co. of Canada Inc., [2021] O.J. No. 6589, 2021 ONSC 7662, Ontario Superior Court of Justice, November 19, 2021, R.J. Smith J. No duty to defend ...
Insurance law – Automobile insurance – Exclusions – Intentional or criminal acts – Breach of policy – Estoppel – Practice – Appeals Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, [2021] S.C.J. No. 47, 2021 SCC 47, Supreme Court of Canada, November 18, 2021, R. Wagner C.J. and ...
Insurance law – Life insurance – Imperfect compliance vs. non-compliance with policy – Relief against forfeiture – Practice – Summary judgments Smith v. Sun Life Assurance Co. of Canada, [2021] O.J. No. 6137, 2021 ONSC 7109, Ontario Superior Court of Justice, November 1, 2021, J.F. Diamond J. The insured alleged he was disabled due to ...
Insurance law – Automobile insurance – Statutory provisions – Documentary production – Rights and duties of insured – Rights and duties of insurer Aviva Insurance Co. of Canada v. Ebhodaghe, [2021] O.J. No. 6231, 2021 ONSC 7343, Ontario Superior Court of Justice, November 4, 2021, J. Di Luca J. The insured made a claim against ...
Insurance law – Homeowner’s insurance – Exclusions – Changes in policy – Material change in risk – Good faith – Limitation of actions Lafferty v. Co-operators General Insurance Co., [2021] A.J. No. 1423, 2021 ABCA 359, Alberta Court of Appeal, October 26, 2021, K.P. Feehan, L.B. Ho and A. Kirker JJ.A. The insureds had a ...
Insurance law – Property insurance – Insurable interest – Practice – Summary judgments Angleland Holdings Inc. v. Lloyd’s Underwriters, [2021] B.C.J. No. 2234, 2021 BCSC 2019, British Columbia Supreme Court, October 15, 2021, D.W. Thompson J. This was a summary trial on the sole issue of whether the insured had an insurable interest in a ...
