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

A devisee of a cottage and land were entitled to insurance proceeds for the damage to the cottage where the Testator died from smoke inhalation before the cottage was substantially damaged.

Here is the citation: Clements Estate (Re) [2007] N.S.J. No. 248. Nova Scotia Supreme Court. D. MacAdam J. June 1, 2007.

Here is a link to the decision.

This case was originally digested by Jonathan Meadows and edited by David Pilley.

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An Insured’s claim for benefits under an overhead expense policy was dismissed where the Court held that the claims were barred by the expiry of the limitation period. The Insurer’s counterclaim for disability benefits paid out in error was also dismissed where the Insured was bankrupt and the Insurer could not establish the benefits were obtained by fraud.

Here is the citation: Armstrong v. Provident Life and Accident Insurance Co. [2007] B.C.J. No. 1282. British Columbia Supreme Court. Gray J. June 12, 2007.

Here is a link to the decision.

This case was originally digested by Jonathan Meadows and edited by David Pilley.

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An Insurer was not required to defend or indemnify the parents of a youth involved in a motor vehicle accident where the Court held that the allegations of negligent supervision were derivative of the claims relating to the motor vehicle negligence claims and consequently were excluded from coverage by the "ownership, use or operation of any motorized vehicle" exclusion in the homeowners policy.

Here is the citation: Co-operators General Insurance Co. v. Murray [2007] O.J. No. 2329. Ontario Superior Court of Justice. J.R. MacKinnon J. June 13, 2007.

Here is a link to the decision.

This case was originally digest by Jonathan Meadows and edited by David Pilley.

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An owner of a strata property was found to be responsible for property damage caused by a burst water pipe.  The pipe burst due to a build up of acid in the local water supply.  There was no negligence of the owner.  The owner claimed for the damage under his homeowner's insurance policy.  Wawanesa paid the claim and then brough an action against the strata for payment of part of the damage.  The application was dismissed on the basis that the damage was the responsiblity of the owner because it occured on his property. 

Here is the case citation: Strata Plan KA 1019 v. Keiran [2007]B.C.J. No. 1148. British Columbia Supreme Court. Burnyeat J. May 30, 2007.

Here is a link to the decision.   This case was originally digested by Shanti Davies and edited by David Pilley.

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Two Ontario insurers disputed responsiblity for accident benefit coverage.  The dispute was submitted to a private arbitrator who applied the Fault Determination Rules of Ontario and determined that the second insurer was responsible to pay the benefits.  The arbitrators decision was appealled to the Ontario Superior Court.  The Court

Application by the second party Insurer against the first party Insurer for appellate review of a decision of a private arbitrator finding the second party Insurer 100% responsible for the loss sustained by an Insured as a result of a motor vehicle accident.  The standard of review applied was one of correctness.  The Court determined that the arbitrator was correct in applying Ontario Rule 17(2) in determining that if an accident is caused by an illegally  parked vehicle the owner of the vehicle is liable for the accident. 

Here is the citation: ING Insurance Co. of Canada v. Farmers’ Mutual Insurance Co. (Lindsay) [2007] O.J. No. 2150. Ontario Superior Court of Justice. P.M. Perell J. May 31, 2007.

Here is a link to the decision. 

This case was originally digested by Shanti Davies and edited by David Pilley.

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