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

An action by an insured against an insurer under the statutory Section D provisions of a policy - damages caused by an at-fault unidentified driver - is a direct action or claim against the insurer and not a claim in contract.

Tucker v. AXA General Insurance, [2012] N.J. No. 315, September 25, 2012, Newfoundland and Labrador Supreme Court, Trial Division, D.B. Orsbon C.J.N.B.

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An action by a homeowner ("Cole") against her insurer ("Aviva") was allowed in part where Cole was entitled to damages resulting from the failed sale of her property based on misrepresentations by the insurance adjuster that her property was being completely cleaned up.

Cole v. Aviva Insurance Co. of Canada, [2010] N.J. No. 149, April 21, 2010, Newfoundland and Labrador Supreme Court - Trial Division, R.M. Hall J.

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Insurer established Insured committed arson thereby depriving Insured recovery under the policy.

Performance Factory Inc. v. Atlantic Insurance Co. Limited, [2010] N.J. No. 78 (S.C), March 3, 2010, Newfoundland and Labrador Supreme Court - Trial Division, R.P. Whalen J.

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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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This was an application for summary judgement by the Plaintiff rental car company. The Defendant refused to compensate the Plaintiff after he had damaged a rental car belonging to it.  The Court held that the waiver declining additional insurance coverage signed by the Defendant was valid.  Damages were awarded to the Plaintiff.

Enterprise Rent-A-Car Canada Ltd. v. Penton, [2009] N.J. No. 73, Newfoundland and Labrador Supreme Court - Trial Division, April 2, 2009, R.A. Fowler J.

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Appeal by the plaintiffs from a decision finding that the respondent insurer was under no liability in respect of an accident that occurred in Florida was dismissed as the Newfoundland and Labrador legislation limited recovery for personal injury caused by uninsured drivers in another jurisdiction to the minimum amount required in that other jurisdiction.

Kennedy v. CGU Insurance Co. of Canada [2008] N.J. No. 182 Newfoundland and Labrador Supreme Court - Court of Appeal B.G. Welsh. M. Rowe and L.D. Barry JJ.A. June 26, 2008.

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The statutory one year limitation period in the Fire Insurance Act, is of no force and effect, even if it is reproduced in the wording of the insurance policy.

Here is the citation: Co-operators General Insurance Co. v. Burry [2007] N.J. No. 277. Newfoundland and Labrador Supreme Court - Court of Appeal. M.A. Cameron, D.M. Roberts and B.G. Welsh JJ.A. August 6, 2007.

Here is a link to the decision.

This case was originally edited by David Pilley.

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Where an insurance policy provides indemnification for legal actions commenced against an insured, but is silent about providing indemnification for enforcing the insurer’s duty to defend a claim, the insurer is required to provide the insured with full indemnity for seeking a declaration of entitlement to coverage from the insured, when the insured is successful in obtaining a declaration of entitlement to a defence.

Here is a link to the decision.

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A primary insurer does not have to provide it’s certificate of insurance to a secondary insurer until a condition precedent for payment of funds under the secondary coverage has occurred.

Here is a link to the decision.

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