The appeal by the owner of a warehouse ("Merchandise") of an arbitrator’s decision dismissing its claims against the Insurer ("Aviva") of an insolvent demolition company was dismissed where the Court held that the arbitrator made no palpable and overriding error.
Continue Reading...The Court found that the Insured was entitled to recover LTD payments from his insurer despite the fact his employment as Regional Director was terminated the day before he applied for benefits because his employment was in transition.
Continue Reading...The Court found that the Insured was entitled to recover LTD payments from his insurer despite the fact his employment as Regional Director was terminated the day before he applied for benefits because his employment was in transition.
Continue Reading...In order for an insurer to rely upon exclusions contained in a policy of insurance, the insured must be provided with the policy. Reference to the policy in renewal subscriptions may not be sufficient to provide the insured with notice of exclusion clauses contained in the policy.
Continue Reading...Following a motion brought pursuant to s. 132 of the Insurance Act, the insurers of the aunt and uncle of a boy who shot the Plaintiff were required to indemnify the Plaintiff’s family when the judgement went unrealized. The boy who shot the Plaintiff was a member of the household of the aunt and uncle at the time of the shooting. The shooting was neither an intentional nor a criminal act and therefore the exclusion clause did not apply.
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