The Insured's failure to give his insurer notice of a Notice of Health Hazard entitled the insurer to deny coverage on the basis that there was a material change in the insurer's risk.
Mah v. Wawanesa Mutual Insurance Co. [2012] A.J. No. 981, September 19, 2012, Alberta Court of Queen's Bench, T.D. Clackson J.
Continue Reading...Decision by insurer to deny payment on a life insurance policy following the death of the insured in a plane crash based on an exclusion clause requiring the insured to have the "required licence" to fly upheld because the insured's medical certificate had expired one year before the accident.
Gudzinski Estate v. Allianz Global Risks US Insurance Co. Limited, [2012] A.J. No. 5, January 9, 2012, Alberta Court of Appeal, J.E.L. Côté, J. Watson and FF. Slatter JJ.A
Continue Reading...The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This will often allow an injured person sue later than the ultimate "ten year" statutory section 3(1)(b) of the Limitations Act. Section 7(1) of the Limitations Act expressly allowes that extension. Alternatively, section 647 of the Insurance Act permits the contractual limitation period in the endorsement.
Shaver v. Co-operators General Insurance Co., [2011] A.J. No. 1411, December 15, 2011, Alberta Court of Appeal, C.A. Fraser C.J.A., J.E.L. Côté J.A. and D.C. Read J. (ad hoc)
Continue Reading...An application by third parties for an order that their automobile insurer defend them with respect to allegations raised in third party notices. The application was allowed and costs were awarded to the applicants.
Shum Estate v. Dewetter, [2011] A.J. No. 1210, November 2, 2011, Alberta Court of Queen’s Bench, J.D. Rooke A.C.J.
Continue Reading...An appeal from an order dismissing applications to strike out third party claims. The appeal was allowed.
Howalta Electrical Services Inc. v. CDI Career Development Institutes Ltd., [2011] A.J. No. 1227, November 15, 2011, Alberta Court of Appeal, J.E.L. Côté, J.D.B. McDonald and B.K. O’Ferrall JJ.A.
Continue Reading...Insured was entitled to coverage under the policy because membership in AMA was not a condition precedent to coverage and there was a reasonable expectation that the policy would be renewed on an annual basis.
Lafont v. Alberta Motor Assn. Insurance Co., [2011] A.J. No. 513, May 3, 2011, Alberta Court of Queen's Bench, D.J. Manderscheid J.
Continue Reading...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.
Continue Reading...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.
Continue Reading...In a case concerning coverage under a motor truck cargo insurance policy, a truck driver locked a truck and secured the two flatbed trailers, but left the keys under the floor mat inside the cab of the truck.
Following a theft, Lloyd's Underwriters ("Lloyd's") argued that this loss was not covered, because the policy in place only applied to trucks subject to such trucks "having all their openings closed, securely locked and all keys removed…."
The Plaintiff’s action against Lloyd's with respect to the disappearance of cargo on one of its truck trailer units was allowed. The court held that "all keys removed" created ambiguity as to whether the keys were intended to be removed from the locks or from anywhere in the truck. The Court found the wording of the Unattended Truck Endorsement was ambiguous, and interpreted the policy wording against Lloyd's.
421205 Alberta Ltd. (c.o.b. Schroeder Transport) v. Lloyd's Underwriters, [2011] A.J. No. 311, March 17, 2011, Alberta Court of Queen's Bench, J.M. Ross J.
Continue Reading...A claim for benefits under an accidental death policy was dismissed as it was found that the manifestation of an inherent condition brought on by swimming in cold water was not an "accident" under the policy.
Nelson v. Industrial-Alliance Pacific Life Insurance Company, [2010] A.J. No. 1373, November 26, 2010, Alberta Court of Queen's Bench, K.G. Nielsen J.
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Mike has represented clients in personal injury cases with a emphasis on brain injuries, defended lawyers and physicians from malpractice allegations,...More...
Jonathan co-chairs Harper Grey's Engineering and Construction Law Group and has represented clients in cases involving construction, insurance and he...More...
Emily practices in the areas of insurance, construction, and health law. Her insurance practice includes general insurance defence, coverage litigati...More...
Daniel practices health law, insurance litigation and defamation law for Harper Grey. Since becoming an associate in 2009, he has assisted senior cou...More...
As the latest addition to Harper Grey's insurance group, Ryan is an associate in the practice of commercial,health and insurance company law. He join...More...Enter keywords:
