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

Application by broker for an order declaring insurer liable to indemnify or make contribution to him for the settlement paid to insured plaintiffs was dismissed. The law of agency precluded the relief the broker sought because the insurer was entitled to indemnity from the agent for his negligence in handling the insured plaintiffs’ policy. As a negligent agent, the broker was not entitled to indemnity from his principal.

Burndred v. Topley and Sanders Investments Ltd., [2009] A.J. No. 1495, September 23, 2009, Alberta Court of Queens Bench, E.A. Hughes J.

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The appeal by an Insurer ("Aviva") from a decision finding it liable to indemnify the owner of a commercial building ("Engle") under an all risk policy was dismissed where the Court held that damage to the building caused by an excavation occurring on the adjacent lot did not fall within the scope of the exclusion clause for settlement damages.

Engle Estate v. Aviva Insurance Company of Canada, [2010] A.J. No. 13, January 18, 2010, Alberta Court of Appeal, C.D. Hunt, K.G. Ritter, P.W.L. Martin JJ.A.

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Appeal by Popert from a restitution order requiring him to pay $40, 537 to an insurance company was allowed. The court’s jurisdiction to make the restitution order rested on the words of section 738(1)(a) of the Criminal Code as well as on subrogation. The scope of s. 738 is not limited to persons whose property has been directly damaged, lost or destroyed as a result of an offence. However, the sentencing judge failed to consider Popert’s ability to pay.

R. v. Popert, [2010] O.J. No. 401, February 2, 2010, Ontario Court of Appeal, J.I. Laskin, R.J. Sharpe and E.E. Gillese JJ.A

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An application for a stay of proceedings was dismissed where an "exclusive arbitration clause" contained in the policy could not be interpreted as an exclusive jurisdiction clause due to other contradictory provisions in the policy.

Midnight Marine Ltd. v. Oppenheim, [2010] N.J. No. 4, January 7, 2010, ewfoundland and Labrador Supreme Court - Trial Division, J.Pl Adams J.

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A 42 year old woman with physical and mental impairments who lived with her mother was found to be principally dependent on her mother and therefore entitled to a death benefit following her mother's death, even though the woman contributed her disability benefit to the household income.

Kilcollins Estate v. Wawanesa Mutual Insurance Co., [2009] N.B.J. No. 413, December 21, 2009, New Brunswick Court of Queen's Bench, T.J. Morrison J.

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An appeal was allowed from a declaration obliging an Insurer to indemnify the Insured for the cost of replacing a system that was damaged as a result of faulty design or installation of the system itself.

Ottawa-Carleton Standard Condominium Corp. No. 687 v. ING Novex Insurance Co. of Canada, [2009] O.J. No. 5467, December 21, 2009, Ontario Court of Appeal, K.M. Weiler, J.C. MacPherson and J.L. MacFarland JJ.A.

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The appeal of a decision finding that an Insurer was not obligated to defend or indemnify the Insured for claims arising from the Insured's own negligence was dismissed. A contractor was required under the contract to purchase the insurance protection for the Insured in relation to the work done under the contract, but coverage under the policy was limited to vicarious liability for the acts of the contractor.

Ontario (Minister of Transportation) v. Canadian Surety Co., [2009] O.J. No. 5487, December 22, 2009, Ontario Court of Appeal, E.A. Cronk, R.A. Blair and H.S. LaForme JJ.A.

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