Marketability of a property is affected by municipal work orders even if they are not registered against title of the property

Municipal work orders do not need to be registered against title to affect the marketability of the property.

MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, December 3, 2015, Ontario Court of Appeal, E.A. Cronk, C.W. Hourigan, M.L. Benotto JJ.A. Continue Reading...

Insured who suffered injury two days prior to expiration of waiting period was not entitled to benefits under a Group Insurance policy

There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy.

Funk v. Blue Cross Life Insurance Co., [2015] M.J. No. 294, November 20, 2015, Manitoba Court of Queen's Bench, R.A. Dewar J. Continue Reading...

Allegation of negligence for failing to hire a competent contractor to remove trees from recreational property fell within coverage for

The insureds applied for a declaration that their insurer had a duty to defend them in an action where the plaintiff was injured by a tree that was being removed on an uninsured property owned by the insureds. The court found the insurer had a duty to defend the insureds because the true nature of the allegation that the insureds were negligent for failing to hire a competent contractor was a claim arising out of the actions of an individual and was covered under the insured's homeowner's policy which provided coverage for "personal actions anywhere in the world."

Hill v. Intact Insurance Co., [2015] O.J. No. 5898, November 10, 2015, Ontario Superior Court of Justice Ottawa, Ontario, P.E. Roger J.

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Appeal court reduced punitive damages award against a disability insurer

Long term disability insurer's appeal of a punitive damages award of $500,000 allowed in part. The Court of Appeal upheld the finding of entitlement to punitive damages but reduced the punitive damages award to $60,000.

Industrial Alliance Insurance and Financial Services Inc. v. Brine, [2015] N.S.J. No. 486, November 17, 2015, Nova Scotia Court of Appeal, J.E. Fichaud, L.L. Oland and J.E. Scanlan JJ.A.

Appeal court reduced punitive damages award against a disability insurer

Long term disability insurer's appeal of a punitive damages award of $500,000 allowed in part. The Court of Appeal upheld the finding of entitlement to punitive damages but reduced the punitive damages award to $60,000.

Industrial Alliance Insurance and Financial Services Inc. v. Brine, [2015] N.S.J. No. 486, November 17, 2015, Nova Scotia Court of Appeal, J.E. Fichaud, L.L. Oland and J.E. Scanlan JJ.A.

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Location of automobile insurance policy is not a factor that satisfies the real and substantial jurisdictional connection test

The plaintiff appealed a jurisdictional ruling which found no real and substantial connection between the parties, the accident in which the plaintiff was injured and Ontario. A five‑judge panel of the Ontario Court of Appeal dismissed the appeal and affirmed Tamminga v. Tamminga, 2014 ONCA 478, which stands for the principle that a plaintiff's Ontario automobile insurance policy is not a factor that satisfies the real and substantial connection test.

Forsythe v. Westfall, [2015] O.J. No. 6134, December 29, 2015, Ontario Court of Appeal, E.E. Gillese, R.A. Blair, J.L. MacFarland, S.E. Pepall and M.L. Benotto JJ.A.

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A pedestrian who was injured in a hit and run accident was not entitled to coverage under the unidentified automobile provisions of her own automobile policy because she was not an “occupant” of a vehicle at the time she was injured.

Ostrowercha v. Co-Operators General Insurance Co., 2015 ABQB 636, October 15, 2015, Alberta Court of Queens Bench, S.M. Sanderman J.

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The deceased and her former common law spouse had given up all claims to each other's property under a separation agreement. Therefore, the spouse was not entitled to receive the proceeds of a life insurance policy on the deceased's life, though he had not been removed as the beneficiary.

Shiller-Arsenault v. Proudman, 2015 BCSC 1924, October 21, 2015, British Columbia Supreme Court, W.G. Baker J.

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An additional insured under a commercial general liability policy was entitled to a defence in a claim in which the allegations of negligence against it and the named insured were the same.

Dufferin Construction Co., a Division of Holcim (Canada) Inc. v. Dominion of Canada General Insurance, 2015 ONSC 6311, October 13, 2015, Ontario Supreme Court of Justice, C.J. Brown J.

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An insurer who agrees to provide coverage for malicious prosecution has effectively contracted out of the fortuity principle and it should not be applied so as to preclude coverage the insurer agreed to provide.

Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2015 ONCA 702, October 22, 2015, Court of Appeal for Ontario, G.J. Epstein, S.E. Pepall and M.L. Benotto JJ.A.

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