Gray v. Canada Life Assurance Co. [2003] M.J. No. 412 Manitoba Court of Queen's Bench
A two year limitation period contained in a disability policy can be extended pursuant to the discoverability rule.
Continue Reading...Hauck v. Dominion of Canada General Insurance Co. [2003] A.J. No. 1505 Alberta Court of Queen's Bench Judicial District of Calgary
The Insured ("Hauck") was successful in obtaining a declaration that the Insurer of his tractor trailer ("Dominion") was obligated to provide him with third party liability coverage for a motor vehicle accident caused by Hauck when he was towing the trailer with his uninsured truck.
Continue Reading...Blue Mountains (Town) v. Royal and Sun Alliance Insurance Co. of Canada [2003] O.J. No. 4881 Ontario Superior Court of Justice
The court ordered the Insurer to defend the Insured under a commercial general liability policy where the Plaintiff alleged that the Insured was negligent in performing building inspections which resulted in property damage in a condominium development project. The policy covered property damage caused by an accident or property damage which arose out of the operations performed on or incidental to the Insured’s development project.
Continue Reading...Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada [2003] O.J. No. 4534 Ontario Superior Court of Justice
The Jesuit Fathers of Upper Canada ("Jesuit Fathers") were successful in obtaining a declaration that their Insurer under a comprehensive general liability policy ("Guardian") had a duty to defend the Jesuit Fathers with respect to claims based upon allegations of sexual assault which fell within the temporal limits of the policy. The court refused to make a declaration that Guardian had a duty to defend claims which were not "first made" during the policy period holding that a belief as to the possible existence of further complaints lacked the specificity required to form the basis of a claim under the policy.
Continue Reading...Walker v. CGU Insurance Co. of Canada [2003] O.J. No. 4064 Ontario Superior Court of Justice
An insurance company cannot rely upon communications with a broker to change coverage to an insured. An insured must be notified directly by the insurance company of any change in coverage.
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