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

Appeal of declaration of entitlement to long-term disability benefits to age 65 allowed, the Court finding that the insured was only entitled to long-term disability benefits for two years.

McGarry v. Co-operators Life Insurance Co., [2011] B.C.J. No. 773, April 28, 2011, British Columbia Court of Appeal, K.C. Mackenzie, P.D. Lowry and C.E. Hinkson JJ.A.

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Appeal from master's decision that insured had "required license" under aircraft policy allowed.

Gudzinski Estate v. Allianz Global Risks US Insurance Co., [2011] A.J. No. 473, April 26, 2011, Alberta Court of Queen's Bench, B.A. Browne J.

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The insured brought a professional negligence claim against a broker and the brokerage firm alleging that the broker misrepresented to the insured that its wholesale inventory was covered by insurance while in storage. The court dismissed the claim finding that the broker was retained only to place specific coverage and that he had fulfilled that duty.

Sandborn Wholesale Ltd. v. Pottruff & Smith Insurance Brokers Inc., [2011] O.J. No. 1690, April 12, 2011, Ontario Superior Court of Justice, B.A. Conway J.

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Successful appeal by the insurer of a dismissal of its application for a declaration that it was not obliged to defend or indemnify the insured. The claim against the insured arose from a gasoline leak onto neighbouring property. The court of appeal found that the commercial general liability policy’s pollution liability exclusion clause did apply to exclude coverage for losses arising from the release of gasoline from the insured’s premises.

ING Insurance Co. of Canada v. Miracle (c.o.b. Mohawk Imperial Sales), [2011] O.J. No. 1837, April 26, 2011, Ontario Court of Appeal, R.J. Sharpe, E.E. Gillese and A. Karakatsanis JJ.A.

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Subrogated action for damages caused to the insured’s vehicle was dismissed on the basis that the defendant had implied consent to use the vehicle and, as a result, was an un-named insured.

RBC General Insurance Co. v. Kelly, [2011] A.J. No. 421, April 5, 2011, Alberta Provincial Court, D.G. Ingram Prov. Ct. J.

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A claim by an insured against the insurer for denying coverage following a house fire on the basis that the insured failed to disclose that a wood stove had been installed in the house.

Thomas v. Aviva Insurance Co., [2010] N.B.J. No. 436, December 17, 2010, New Brunswick Court of Queen’s Bench, H.H. McLellan J.

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Appeal of a dismissal of an application for a declaration that a policy of insurance covered damage to an outdoor swimming pool.

Cabell v. Personal Insurance Co., [2011] O.J. No. 622, February 8, 2011, Ontario Court of Appeal, M. Rosenberg, J.C. MacPherson and H.S. LaForme JJ.A.

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Insurer's application for bifurcation of bad faith claim granted.

Cort v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 853, May 5, 2011, British Columbia Supreme Court, Master P. Keighley

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The Defendant Insurer appealed from a decision that it, rather than the Plaintiff Motor Vehicle Accident Claims Fund, was responsible for paying accident benefits.  The Insurer argued that the Fund was obligated to proceed by way of arbitration.  The Court of Appeal dismissed the appeal.

Ontario (Minister of Finance) v. Progressive Casualty Insurance Co. of Canada, [2009] O.J. No. 1216, Ontario Court of Appeal, March 25, 2009, D.R. O'Connor A.C.J.O., D.H. Doherty and M. Rosenberg JJ.A.

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