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

This was an appeal by the Plaintiff Credit Union from a summary trial judgment dismissing the claim. The trial judge held that the credit union’s loss from credit card fraud was not covered by its indemnity for "securities" as defined in the master bond policy issued by the Respondent insurers. The Court of Appeal allowed the appeal, holding that credit card receipts fell within the definition of securities as "drafts".

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This was an appeal by the Insurance Corp. from British Columbia ("ICBC")of a trial decision lifting a stay of execution on a judgment obtained by Mr. Hosseini against ICBC. The Plaintiff/Respondent was successful in an action against ICBC. He was also the Defendant in a related but separate action brought by ICBC, seeking contribution to a settlement made on his behalf. ICBC was successful at trial in imposing a stay of execution on the judgment against ICBC, pending resolution of the action for contribution. The Court of Appeal dismissed the appeal holding that there was no basis in law to allow ICBC to seek to set off what it must pay, by any sum it may in due course be adjudged entitled to recover.

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This was an appeal by an insured from the decision that the insurer had no duty to defend him in an action for defamation under the terms of a homeowner’s policy. The Court of Appeal upheld the reasons of the chambers judge, relying on the "intentional act" exclusion.

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The Insured Lessor was not entitled to coverage when it received notice that the Lessee of the leased vehicle had discontinued full liability and collision coverage on the vehicle which was damaged in an accident.

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The Plaintiff mortgagee was entitled to judgment against the Defendant Insurer pursuant to a Standard Mortgage Clause which remained in force notwithstanding any act or neglect of the mortgagor.

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The Minister of Finance was successful in appealing a decision allowing an Ontario resident ("Young") to collect no fault statutory accident benefits under a Fund created by the Motor Vehicle Accident Claims Act, R.S.O. 1990, c. M.41. The court held that Part VI of the Ontario Insurance Act did not apply as the accident occurred in New Mexico and Young’s insurance policy, purchased in New Mexico, did not need to comply with the mandatory coverage provisions of Ontario’s Compulsory Automobile Insurance Act.

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The Defendant’s motion for Summary Judgment was allowed as the Defendant was protected by a Release that had previously been executed by the Plaintiff and, in any event, the court held that the Defendant had never been the Insurer of the Plaintiff.

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The commercial general liability insurer ("Co-Operators") of Matthews Pallet Recycling ("Matthews Pallet") was successful in appealing a decision holding that it had a duty to defend claims advanced by passengers of an automobile involved in an accident with a truck owned by Matthews Pallet. The Court of Appeal held that allegations of "negligent business practices" and "negligent repair" were not sufficient to take the claims outside of the exclusion clause in the Co-Operators policy for claims arising out of ownership, use or operation of an automobile.

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