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

The Ontario Court of Appeal held that one co-insured could not unilaterally cancel or delete the coverage of the other co-insured under the automobile insurance policy. The majority held that for the cancellation or deletion by one co-insured to be effective against the other co-insured, the insurer had to give fifteen days prior notice of that cancellation or deletion to, and obtain the express or implied consent of, the other co-insured.

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The Court held that the insured’s coverage in a standard automobile insurance policy for loss or damage to the "automobile, including its equipment" did not extend to the insured’s surveillance equipment. The surveillance equipment was not integral to the automobile’s use as a mode of transportation.

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In order to obtain survivor benefits under a motor vehicle policy issued by the Saskatchewan Government Insurance Company for the death of a former spouse, the surviving spouse must prove that there is a valid spousal agreement in place at the time of the deceased’s death. An obligation to pay spousal support is not sufficient to entitle the surviving spouse to benefits.

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The Saskatchewan Court of Appeal held that the life insurance policy was not in effect at the time of the deceased’s death due to a change in the deceased’s insurability between the time the application was completed and the time the policy was delivered. The Court of Appeal held that the trial judge did not err in finding that there was no conflict between subsection 142(1)(c) of the Saskatchewan Insurance Act and the proviso in the policy.

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The British Columbia Provincial Court found that the cause of loss was the negligence of the driver of the vehicle. The Court held that the definition of "comprehensive coverage" in Regulation 447/83 of the Insurance (Motor Vehicle) Act was not exhaustive. As such, negligence as a cause of loss or damage was included in the "comprehensive coverage".

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A person who operates a motor vehicle without a driver’s licence, with the implied consent of the registered owner, is in breach of s. 55(5) of the Regulations under the Insurance (Motor Vehicle) Act, B.C. Reg. 447/83 and is not entitled to indemnity under the policy of automobile insurance.

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A personal liability umbrella policy contained in the standard "Option "W"" endorsement which provides $1 million of uninsured automobile coverage does not stack or augment existing automobile insurance policies to provide coverage of a loss greater than $1 million.

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An Insured who is entitled to temporary total disability benefits under a policy of insurance, but returns to work, is not entitled to resume temporary total disability benefits if his disability returns after the 104-week qualifying period.

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The Court awarded costs against the insureds on a substantial indemnity basis. The Court also held that the Ministry, which had withdrawn its subrogated claim during trial just before the Defendants opened their case, was not jointly and severally liable for costs.

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