Disability insurer's decision to void a policy on the basis of material misrepresentations with respect to the insured's health on his application for insurance was upheld on appeal.

Walsh v. Unum Provident, [2013] N.S.J. No. 582, November 8, 2013, Nova Scotia Court of Appeal, M. MacDonald C.J.N.S., J.W.S. Saunders and J.E. Fichaud JJ.A.

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Successful application by the insured to have the insurer assume its defence. The insurer denied coverage on the basis the claim was not made during the policy period and the claim was excluded pursuant to an exclusion clause. The denial of coverage was based primarily upon the existence of administrative proceedings that proceeded before the Nova Scotia Real Estate Commission prior to the insurance policy coming into effect. The Court found there was no claim in existence at the time the policy was issued and granted the insured's application.

Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, [2013] N.S.J. No. 347, June 24, 2013, Nova Scotia Supreme Court, J.E. Scanlan J.

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An insurer will be responsible for paying administrative fees associated with damage caused by an insured

Insured was liable to pay a 10% administrative fee levied by Nova Scotia Department of Transportation and Infrastructure Renewal for the repair of a culvert damaged by motor vehicle driven by an employee of the insured.

Nova Scotia (Attorney General) v. Jacques Home Town Dry Cleaners, [2013] N.S.J. No. 4, January 3, 2013, Nova Scotia Court of Appeal, J.W.S. Saunders, L.L. Oland and J.E. Fichaud JJ.A.

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Strict proof of business loss may not be required when the insured peril destroys documentation

When the particulars of a loss are destroyed by the insured peril the court will be more sympathetic to the insured when determing the quantum of the loss

Visual Design Consultants Inc. v. Royal and Sun Alliance Insurance Co. of Canada, [2012] N.S.J. No. 682, December 18, 2012, Nova Scotia Supreme Court, R.W. Wright J.

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A contract of sale involving payment through installements will not be treated as a rental agreement

Insured equipment is not excluded from coverage by a rental exclusion clause where title remains with the insured even though possession has passed on to a third party if possession is transferred pursuant to a contract of sale.

Economical Insurance Group (c.o.b. Plant Hope Adjusters Ltd) v. Master Forestry Ltd., [2012] N.S.J. No. 536, October 11, 2012, Nova Scotia Supreme Court, D. MacAdam J.

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The right to subrogate parrallels the right of the insured to recover damages

An insurer may not bring a subrogated claim against an employee of an insured where the insured has no right to claim against the employee.

Portage La Prairie Mutual Insurance Co. v. MacLean, [2012] N.S.J. No. 520, October 1, 2012, Nova Scotia Supreme Court, P.J. Duncan J.

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A duty to defend is owed where a lawsuit raises a possiblity of coverage under the policy

An appeal by an insurer from an order that it defend its insureds and reimburse them for defence costs. The appeal was dismissed.

Meridian Construction Inc. v. Royal & SunAlliance Insurance Co. of Canada, [2012] N.S.J. No. 450, August 23, 2012, Nova Scotia Court of Appeal, M.J. Hamilton, J.E. Fichaud and P. Bryson JJ.A.

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Interpretation of an insurance contract may not be suitable for a jury

The application by a motor vehicle insurer ("Dominion") seeking an order that an action be tried by a judge alone was allowed where the court held that the most important issues to be determined would be questions of law.

Kirby v. Dominion of Canada General Insurance Co., [2010] N.S.J. No. 656, December 13, 2010, Nova Scotia Supreme Court, C.E. Haliburton J.

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A boat secured to a wharf is a waterborne object.

The court of appeal upheld a trial judge's interpretation of the term "waterborne object" in an exlcusion clause.

Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 617, November 30, 2010, Nova Scotia Court of Appeal, J.W.S. Saunders, J.E. Fichaud and P. Bryson JJ.A.

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A wharf damaged by a boat in a storm may not be entitled to insurance coverage.

A vessel was found to be a "waterborne object" for purposes of "windstorm or hail" exclusion clause.

Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 296, January 7, 2010, Nova Scotia Supreme Court, J.D. Murphy J.

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