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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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 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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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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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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Commercial general liability insurers are under duty to defend insured in third party claims and to share the costs on a proportionate basis.

UPS Supply Chain Solutions Inc. v. Airon HVAC Service Ltd., [2015] O.J. No. 1360, March 18, 2015, Ontario Superior Court of Justice, W.M. Matheson J.

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The insured, who had blood alcohol limit three times the legal limit, was killed in a motor boat accident which also injured the passenger. The insurer had no duty to defend or indemnify the insured’s estate in the action brought by the passenger as there was no contractual obligation to defend, and the duty to indemnify was excluded because the motorboat was “operated illegally”.

Heffernan Estate v. Lloyd's Canada, [2015] O.J. No. 599, February 10, 2015, Ontario Superior Court of Justice, E.P. Belobaba J.

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An application by the insurer for a declaration that it had no obligation to defend or indemnify the insured based on a material breach was dismissed. The insured argued successfully that it was entitled to relief from forfeiture pursuant to s.98 of the Courts of Justice Act as the breach was one of imperfect compliance rather than non-compliance.

Aviva Canada Inc v. Gravenhurst Taxi Ltd., [2014] O.J. No. 5644, November 3, 2014, Ontario Superior Court of Justice, T.M. Wood J.

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The insurer was obligated to assume the defence of an additional named insured because all the plaintiff’s claims potentially arose out of or were related to the primary insured’s operations.

Sinclair v. Markham (Town), [2014] O.J. No. 4202, September 10, 2014, Ontario Superior Court of Justice, E.P. Belobaba J.

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Coverage was not excluded as against two insureds as a result of an alleged intentional act on the part of another insured, because the claim in negligence against the two insureds was distinct and not derivative of the intentional tort claimed against the other insured.

D.E. v. Unifund Assurance Co., [2014] O.J. No. 4271, September 11, 2014, Ontario Superior Court of Justice, D.G. Stinson J.

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