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

The parents of an infant who died after being dropped by her caregiver were unsuccessful in their action against the caregiver’s insurer to recover their judgment against the caregiver. The caregiver was convicted of criminal negligence and the Court held that the policy exclusion for liability resulting from all criminal acts or wilfully negligent acts applied to exclude coverage in the circumstances.

Wong Estate v. Liberty Mutual Insurance Co., [2009] A.J. No. 1073, May 25, 2009, Alberta Court of Queen's Bench, G.A. Verville J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The defendant insurer, was obliged to pay housekeeping and transportation benefits that it had unreasonably withheld from the plaintiff insured. The insurer’s refusal to pay benefits had caused intangible injuries and mental distress that were reasonably foreseeable and the insured was accordingly awarded $25,000 for mental distress.

McQueen v. Echelon General Insurance Co., [2009] O.J. No. 3965, September 28, 2009, Ontario Superior Court of Justice, C.R. Harris J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This appeal involved a dispute over which party - the respondent landlord or the appellant tenant - assumed risk for loss occasioned by fire.  The Court of Appeal ruled that by requiring the appellant to contribute to the cost of insurance, the Offer to Lease passed the risk of loss on to the respondent.

1044589 Ontario Inc. (c.o.b. Nantucket Business Centre) v. AB Autorama Ltd., [2009] O.J. No. 3768, September 16, 2009, Ontario Court of Appeal, J.A. Laskin, J.M. Simmons, and R.G. Juriansz JJ.A.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The issue in this case was whether the plaintiff’s injuries were causally connected to the use or operation of a motor vehicle.  The Court ruled that the injuries were connected to the use of a motor vehicle, meaning that the legislatively imposed thresholds and deductibles were applicable to the plaintiff’s claim.

Nelson v. Greater Toronto Transit Authority, [2009] O.J. No. 3794, September 15, 2009, Ontario Supreme Court of Justice, G.M. Mulligan J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This application concerned a dispute over when the limitation period set out in s. 22 of the Insurance Act, R.S.B.C. 1996, c. 266 is triggered in a claim for disability benefits. The Court held that the notice given was clear and unequivocal, notice of the intention to deny benefits had been given and the limitation period had been triggered by clear and unequivocal notice of the intention to deny benefits.  The action was statute barred.

Sander v. Sun Life Assurance Co. of Canada, [2009] B.C.J. No. 1906, September 24, 2009, British Columbia Supreme Court, B.M. Greyell J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Axa Insurance Company ('Axa') sougt a summary judgment to dismiss an action using a limitation period defence filed against it by its insured under unidentified vehicle coverage policy following a 68 vehicle pile-up. The motion for summary judgment was dismissed.

Mawji v. Axa Insurance Co., [2009] O.J. No. 3621, September 2, 2009, Ontario Superior Court of Justice, D.G. Price J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The plaintiff argued successfully that s. 267.8(9) of the Insurance Act, R.S.O 1990, c.I.8, ('the Act') did not apply to future collateral benefits received after a settlement agreement rather than after a trial of the action.

Stokes v. Desjardins Groupe D'Assurances Generales, [2009] O.J. No. 3608, July 17, 2009, Ontario Superior Court of Justice, R.J. Smith J.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

The defendant insurer was successful in its motion to appeal a decision allowing the plaintiffs to amend their pleadings to include an uninsured motorist claim over 10 years after the accident.

MacGregor v. Royal and Sun Alliance Insurance Co. of Canada, [2009] O.J. No. 3573, June 24, 2009, Ontario Superior Court of Justice, H. MacLeod-Beliveau J.

• Email This
• Print
• Comments
• Trackbacks
• Share Link