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

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The insured’s failure to disclose, on an application for property insurance, that he intended to use the house as a rooming house constituted a misrepresentation of a material fact. The Court held that the policy of insurance was voidable by the insurer.

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The Proof of Loss contained a clause which dealt with the transfer of rights of recovery to the insurer. The Court held that even if the clause amounted to an assignment in law, there was no effective assignment of rights as there was no consideration.

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The Court granted the application under Rule 18A for payment of life insurance funds to a beneficiary determined to have been designated as "irrevocable" after finding that the requirements of s. 49 of the Insurance Act had been substantially complied with.

Here is a link to the decision.

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The Court held that the legal cost of obtaining a court order for the appointment of a guardian of property and person for a person impaired catastrophically in a motor vehicle accident, was a "rehabilitation benefit" payable by the person’s insurer under the Ontario Statutory Accident Benefits Schedule.

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The insured under a disability insurance policy ("Brown") was successful in obtaining a declaration that he was totally disabled from employment as defined by the policy issued by his disability insurer ("Mutual Life") where the Court concluded that Brown had a "medically determinable physical impairment due to injury" for a period of approximately two years.

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The Court held that the insured was entitled to income replacement benefits under the Ontario Statutory Accident Benefits Schedule. The insured’s disability was to be viewed in the context of her competitiveness in the existing marketplace.

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The Court held that the insured was obligated to repay long term disability benefits to the extent that the insured had received compensation under the Workers Compensation Act in connection with the "same disability". The Court also held that the insured was entitled to benefits to the age of 65.

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The action of Canadian Universities Reciprocal Insurance Exchange ("CURIE") against CGU Insurance Co. of Canada ("CGU") seeking equitable contribution between insurers was dismissed, where the Court held that none of the parties found liable in the underlying action were entitled to coverage under the CGU policy.

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The Court held that the insured’s failure, on an application for life and disability benefits, to disclose a history of high blood pressure, constituted a misrepresentation of a material fact. The contract of insurance was thus voidable by the insurer under s. 41 of the Insurance Act, R.S.B.C. 1996, c. 266.

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