Application on the issue of whether the insurer had a duty to defend the insured in legal proceedings alleging damages caused by defective work. The insured’s plumbing work was completed while the insurance policy was valid. Years later, the plumbing system failed and caused damage. The insurer argued the pleadings did not allege facts showing that an occurrence causing damage took place before the expiry of the policy and in the alternative, the damage was excluded from coverage as a result of the "your work" exclusion. The insurer's application was dismissed because there was an occurrence during the policy period and the insurer could not demonstrate that the exclusion clause clearly applied.

Co-operators General Insurance Co. v. Wawanesa Mutual Insurance Co., [2014] N.S.J. No. 111, January 27, 2014, Nova Scotia Supreme Court, M.J. Wood J.

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Application by insurer for declaration that homeowner's policy which excluded the cost of making good faulty material or workmanship did not apply to loss in circumstances where statement of claim alleged faulty workmanship was denied on basis that the cause of loss might not be limited to faulty workmanship.

Hallett v. Fitzpatrick, [2013] N.J. No. 438, December 19, 2013, Newfoundland and Labrador Supreme Court, C. Thompson J.

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The Court of Appeal considered whether the addition of the words "compensation similar to benefits" to section 106 of the Insurance (Vehicle) Regulation changed the meaning of section 106 such that compensation in the form of sick bank accumulation should be deducted from damages awarded for past income loss. The Court found that the words "compensation similar to benefits" did not remove the element of insurance from a plain reading of the section. The accumulation of sick leave credits does not involve an element of insurance. Accordingly, sick banked time is not deductible.

Jordan v. Lowe [2013] B.C.J. NO. 2647, December 3, 2013, British Columbia Court of Appeal, R.T.A. Low, C.E. Hinkson and D.C. Harris JJ.A.

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The Court concluded that the extension of coverage for Interruption by Civil Authority did not provide coverage for subsequent consequential losses that occurred after access by a civil authority was no longer denied.

Strata Plan KAS3058 v. St. Paul Fire and Marine Insurance Co. (c.o.b. Travellers) [2013] B.C.J. No. 2651, December 2, 2013, British Columbia Supreme Court, M.L. Fleming J.

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The issuer of a comprehensive general liability policy brought an application seeking a declaration that the issuer of an excess liability policy was required to contribute to defence costs incurred on behalf of their common insured. The Court of Appeal upheld a decision holding that there was no overlapping coverage for defence costs under the policies and, therefore, the excess insurer had no duty to contribute to the defence costs.

ACE INA Insurance v. Associated Electric & Gas Insurance Services Ltd., [2013] O.J. No. 5162, November 14, 2013, Ontario Court of Appeal, E.E. Gillese, R.G. Juriansz and G.R. Strathy JJ.A.

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Insurer obligated to pay for insured's full-time care under Ontario Statutory Accident Benefits Schedule---Effective September 1, 2010, and not just for care provided during the 40 hours per week when the insured's mother would have been working but for the accident.

Henry v. Gore Mutual Insurance Co., [2013] O.J. No. 3792, July 16, 2013, Ontario Court of Appeal, J.M. Simmons, A. Hoy and G.R. Strathy JJ.A.

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The insurer denied coverage for a fire that substantially destroyed its insured’s building on the basis the insured’s principal deliberately set the fire. Action by the insured against the insurer allowed because the insurer did not meet the burden of proof necessary to establish that the fire was deliberately set by the insured’s agent.

Number 216 Holdings Ltd. v. Intact Insurance Co., [2013] B.C.J. No 1549, July 17, 2013, British Columbia Supreme Court, S.A. Griffin J.

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Commercial general liability insurer found to owe insured, a construction company, a duty to defend it in respect to a claim by a condominium corporation for alleged construction defects.

Canalta Construction Co. Ltd. v. Dominion of Canada General Insurance Co., [2013] A.J. No. 592, June 3, 2013, Alberta Court of Queen's Bench, V.O. Ouellette J.

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In reasons focusing on the need for deterrence, punitive damages awards of $1,500,000 and $3,000,000 were made against two insurers respectively. The court also awarded aggravated damages of $150,000 and $300,000 against each insurer respectively for breaching the peace of mind contracts.

Branco v. American Home Assurance Co., [2013] S.J. No. 151, March 21, 2013, Saskatchewan Court of Queen's Bench, M.D. Acton J.

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An insurer was found to have breached the duty of good faith when it decided to terminate benefits without any factual or legal grounds despite no damages actually occuring because benefits were reinstated before they were actually terminated.

Saskatchewan Government Insurance v. Wilson, [2012] S.J. No. 832, November 13, 2012, Saskatchewan Court of Appeal, W.J. Vancise, R.K. Ottenbriet and N.W. Caldwell JJ.A.

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