The Court refused to grant an Insurer’s application for declaratory judgement that the exclusion clause in a homeowner’s insurance policy applied because the Insured’s son, who was renting a basement suite from the Insured, was found not to have been residing in the Insured’s household when he injured himself on her property.
Continue Reading...An insured threw a tire iron at a third party. The tire iron struck the third party in the temple and killed him. The insurance company was required to provide the insured with a defence to the civil action commenced against him by the deceased family because there was a real possibility that the insured could be found to have killed the third party as a result of negligence, as opposed to an assault or trespass to the person without lawful justification.
Continue Reading...An infant Insured under a sickness hospital benefit policy ("Hart") was entitled to benefits related to periods of hospitalization even where part of the reason for the hospitalization was to provide respite care.
Continue Reading...An infant Insured under a sickness hospital benefit policy ("Hart") was entitled to benefits related to periods of hospitalization even where part of the reason for the hospitalization was to provide respite care.
Continue Reading...Failure to report a loss under a claims-report based policy within the time limit expressed in the wording of the policy will disentitle the insured to insurance coverage for that loss. An insured is not entitled to relief from forfeiture for failure to report a loss under a claims-based policy.
Continue Reading...Judgment following an Application pursuant to Rule 33. The Court held that: 1) ICBC was not required to pay the Plaintiff an adjustment to the damages calculated as of the date of trial which counsel had incorrectly referred to as "interest"; 2) ICBC was required to pay post-judgment interest on unpaid costs; and 3) ICBC was not entitled to deduct the appeal costs awarded in favour of the Insured against the trial costs it was required to pay the Plaintiff.
Continue Reading...The University of Western Ontario (the "University") succeeded in obtaining an Order that its Insurer ("Guardian") pay 95% of the legal costs incurred by the University in defending an action brought against it by a former employee ("Hanis"). Guardian was held to be responsible for all defence costs except that portion of the costs related exclusively to non-covered claims.
Continue Reading...The Court of Appeal dismissed the appeal by an Insured from the dismissal of his action against the Insurer for insurance coverage of a rental house that was destroyed by fire. The Insurer was entitled to rely on a vacancy exclusion in the policy.
Continue Reading...National Car Rental ("National") was unsuccessful in obtaining reimbursement from a purchaser of rental vehicle insurance ("Thibodeau") where the Court refused to uphold a contractual prohibition from driving on an unpaved road.
Continue Reading...The Court of Appeal dismissed an appeal by the Insurer from a decision granting leave to admit an Affidavit and finding that the Insurer had a duty to defend.
Continue Reading...The Defendant Insurer was not liable to pay the Insured’s claim under an insurance policy for his floating home which burned down, because the Insured voided the policy by failing to keep the home permanently moored and by failing to inform the Insurer of the material change in risk.
Continue Reading...The Plaintiff’s claims against the Attorney General of Canada, his Insurer and various other parties was dismissed by way of Summary Judgment after the Court found that the Release executed between the Plaintiff and his Insurer precluded commencing an action against a non-party to the Release in which a claim-over could be made against the Releasee. Accordingly, the Defendants’ motion for Summary Judgment dismissing the Plaintiff’s claims and the cross-claims was granted.
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Mike has represented clients in personal injury cases with a emphasis on brain injuries, defended lawyers and physicians from malpractice allegations,...More...
Jonathan co-chairs Harper Grey's Engineering and Construction Law Group and has represented clients in cases involving construction, insurance and he...More...
Emily practices in the areas of insurance, construction, and health law. Her insurance practice includes general insurance defence, coverage litigati...More...
Daniel practices health law, insurance litigation and defamation law for Harper Grey. Since becoming an associate in 2009, he has assisted senior cou...More...
As the latest addition to Harper Grey's insurance group, Ryan is an associate in the practice of commercial,health and insurance company law. He join...More...Enter keywords:
