"Faulty workmanship" exclusion didn't apply for resulting damage

The exception for resulting damage was read in to the exclusion clause for “the cost of faulty workmanship” where the exclusion clause was silent on the resulting damage.

Monk v. Farmers' Mutual Insurance Co. (Lindsay), [2015] O.J. No. 6849, 2015 ONCA 911, Ontario Court of Appeal, December 23, 2015, K.N. Feldman, E.A. Cronk and G. Huscroft JJ.A.

Continue Reading...

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.

Continue Reading...

The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits.

Park v. Targonski, [2015] B.C.J. No. 1857, August 28, 2015, British Columbia Supreme Court, G.J. Fitch J.

Continue Reading...

An Insurer has no Duty to Investigate Accuracy of Information Provided by Insured

The insurer had no duty to investigate the information provided by the insured to unearth misrepresentations by the insured.  A broker was held liable for failing to make inquiries into whether an insured’s representative who completed the insurance applications had the necessary training or experience to do so and if not to discuss the benefits of property inspections with him. The insured was apportioned 50% liability for failing to ensure that its representatives handling the placement of insurance had sufficient knowledge of the properties to place coverage.

Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2015] N.S.J. No. 270, June 30, 2015, Nova Scotia Supreme Court, A.J. LeBlanc J.

Continue Reading...

Insurer does not have Duty to Defend Negligent Acts Occuring within Policy Period After Policy Expires

The Court found on a special case under Rule 9-3 that the insurer did not have a duty to defend the insureds with respect to claims for negligent acts occurring within the policy period when the resulting damage (i.e., a landslide) occurred several months after the policy expired.

Canadian Northern Shield Insurance Co. v. Intact Insurance Co., [2015] B.C.J. No. 943, May 11, 2015, British Columbia Supreme Court, B. Fisher J.

Continue Reading...

Insurer Had a Duty to Defend Claims for Defective HVAC Valves Resulting in Flooding

Commercial general liability insurer was under obligation to defend insured in respect to claims relating to allegedly defective valves in HVAC units, which resulted in flooding.

Versa Fittings and Manufacturing Inc. v. Berkley Insurance Co., [2015] O.J. No. 1378, March 19, 2015, Ontario Superior Court of Justice, G. Mew J.

Continue Reading...

Damage to Windows During Cleaning Amounted to Making Good Faulty Workmanship

Damage caused to windows by cleaning company during construction of building was not covered by all-risk policy containing exclusion for cost of making good faulty workmanship.

Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., [2015] A.J. No. 338, March 27, 2015, Alberta Court of Appeal, J.E.L. Côté, J. Watson and F.F. Slatter JJ.A.

Continue Reading...

Ruling on a question of law – is a severance package received by the plaintiff deductible from the amount awarded for past and future loss of income.  The court found that the private insurance exception to the general rule against double recovery was applicable and the severance package was not deductable from any amount awarded for loss of income.

Flammia v. Hagerman, [2014] O.J. No. 6336, December 17, 2014, Ontario Superior Court of Justice, G. Mew J.

Continue Reading...

Award of punitive damages upheld but award of mental distress damages was reduced on appeal from judgment against insurer for failure to pay disability benefits.

Fernandes v. Penncorp Life Insurance Co., [2014] O.J. No. 4039, September 2, 2014, Ontario Court of Appeal, R.G. Juriansz, S.E. Pepall and K.M. van Rensburg JJ.A.

Continue Reading...