Allegation of negligence for failing to hire a competent contractor to remove trees from recreational property fell within coverage for

The insureds applied for a declaration that their insurer had a duty to defend them in an action where the plaintiff was injured by a tree that was being removed on an uninsured property owned by the insureds. The court found the insurer had a duty to defend the insureds because the true nature of the allegation that the insureds were negligent for failing to hire a competent contractor was a claim arising out of the actions of an individual and was covered under the insured's homeowner's policy which provided coverage for "personal actions anywhere in the world."

Hill v. Intact Insurance Co., [2015] O.J. No. 5898, November 10, 2015, Ontario Superior Court of Justice Ottawa, Ontario, P.E. Roger J.

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An additional insured under a commercial general liability policy was entitled to a defence in a claim in which the allegations of negligence against it and the named insured were the same.

Dufferin Construction Co., a Division of Holcim (Canada) Inc. v. Dominion of Canada General Insurance, 2015 ONSC 6311, October 13, 2015, Ontario Supreme Court of Justice, C.J. Brown J.

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An insurer who agrees to provide coverage for malicious prosecution has effectively contracted out of the fortuity principle and it should not be applied so as to preclude coverage the insurer agreed to provide.

Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2015 ONCA 702, October 22, 2015, Court of Appeal for Ontario, G.J. Epstein, S.E. Pepall and M.L. Benotto JJ.A.

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Bullying was found to be an Intentional Act and Liability Coverage was Excluded (Action 2)

An exclusion clause excluding liability coverage for claims arising from bodily injury caused by an intentional act applied to exclude coverage for claims for alleged bullying.

C.S. V. TD Home and Auto Insurance Co., [2015] O.J. No. 3063, June 11, 2015, Ontario Court of Appeal, J.C. MacPherson, E.A. Cronk and E.E. Gillese JJ.A

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Bullying was found to be an Intentional Act and Liability Coverage was Excluded (Action 1)

An exclusion clause which excludes liabilty coverage for claims arising from failure to take steps to prevent physical, psychological or emotional harassment is clear on its face and excludes coverage for claims in negligence for failure to prevent bullying being perpetrated by the daughter of the insureds

D.E. v. Unifund Assurance Co., [2015] O.J. No. 3059, June 11, 2015, Ontario Court of Appeal, J.C. MacPherson, E.A. Cronk and E.E. Gillese JJ.A

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Exclusion Clause Wording "Claims Arising From" is more exclusionary than "Claims For"

Allstate Insurance Co. of Canada v. Aftab, [2015] O.J. No. 2516, May 15, 2015, Ontario Court of Appeal, G.R. Strathy C.J.O., H.S. LaForme and M.H. Tulloch JJ.A.

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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.

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An insurer is responsible for pre-tender defence costs

An insurer is responsible for pre-tender defence costs absent an identifiable prejudice arising from the late notice of the claim.

Lloyd's Underwriters v. Blue Mountain Log Sales Ltd., [2015] B.C.J. No. 783, April 22, 2015, British Columbia Supreme Court, T.M. McEwan J.

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An Insurer Must Defend an Entire Claim Where Multiple Bases for Liability Exist but Only One is Covered

In a personal injury action, the occupier of a premises was entitled to a partial defence under the liability policy of the contactor it hired to do snow maintenance. The contractor was entitled to a full defence under the liability policy of the subcontractor it hired to do the work.

Delcor Enterprises Ltd. v. Economical Insurance Group, [2015] M.J. No. 85, March 25, 2015, Manitoba Court of Queen's Bench, S.D. Greenberg J.

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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.

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