British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

This was a successful appeal by an Insurer from a determination that an Insured’s paraplegia resulting from a complication of genital herpes was covered under a group insurance policy.

Co-operators Life Insurance Co. v. Gibbens, [2009] S.C.J. No. 59, December 18, 2009, Supreme Court of Canada, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.

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The Defendant sought and was awarded a deduction from a cost of future care award pursuant to 83(5) of the Insurance (Vehicle) Act.

Sauer v. Scales, [2009] B.C.J. No. 2490, December 11, 2009, British Columbia Supreme Court, B.I. Cohen J.

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Tenant Exclusion Endorsement inconsistent with Standard Mortgage Clause and therefore unenforceable.

Hum v. Grain Insurance and Guarantee Co., [2009] A.J. No. 1351, December 4, 2009, Alberta Court of Queen's Bench, R. Stevens J.

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Insurer's right to subrograte under Standard Mortgage Clause requires fulfillment of two preconditions, (1) the insurer must make payment of the loss award, or part of it, to the mortgagee; and (2) the insurer must establish a claim that it has no liability to the mortgagor.

Pinder v. Farmers' Mutual Insurance Co. (Lindsay), [2009] O.J. No. 4964, November 26, 2009, Ontario Court of Appeal, D.R. O'Connor A.C.J.O., R.A. Blair and R.G. Juriansz JJ.A.

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Insureds were denied coverage on a home insurance policy for failing to advise the Insurer that their tenants had moved out and not returned the keys.

Wu v. Gore Mutual Insurance Co., [2009] O.J. No. 5201, December 2, 2009, Ontario Superior Court of Justice, M.J. Nolan J.

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Insured's appeal of a finding that his long-term disability policy was void for material misrepresentation was dismissed.

Fernandes v. RBC Life Insurance Co., [2009] O.J. No. 5240, December 8, 2009, Ontario Court of Appeal, E.A. Cronk, S.E. Lang and R.G. Juriansz JJ.A.

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A restaurant joined as a third party by the Defendant insurance company sought a summary judgment under Rule 22 of the New Brunswick Rules of Court. Granting the motion the judge held that based on the evidence the restaurent had fulfilled the requirements placed on a commercial host under the circumstances and did not see any reason to doubt the claim against the restaurant would be dismissed at trial.

Feaver Estate v. Briggs, [2009] N.B.J. No. 371, November 12, 2009, New Brunswick Court of Queen's Bench, D.H. Russell J

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The insured Plaintiff brought a motion that he not be required to pay attendance money in order to conduct an oral examination for discovery of a knowledgeable person produced by the Defendant. The Defendant insurance company argued unsuccessfully that it did not reside in Manitoba and its designated knowledgeable person was in Vancouver.

MacAngus v. Royal and Sunalliance Insurance Co. of Canada, [2009] M.J. No. 382, October 30, 2009, Manitoba Court of Queen's Bench, M. Kaufman J.

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The insureds' action against its insurance broker for breach of its duty of care was allowed. The broker did not fully explain to the insured the limitations of the policy that they had purchased.

Sampson v. AA Munro Insurance, [2009] N.S.J. No. 493, September 14, 2009, Nova Scotia Small Claims Court, Adjudicator E.K. Slone

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