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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Auto Insurance in Ontario does not Cover Drivers unless they are either Named, or have Consent from the Insured

Under the Insurance Act, RSO 1990 c.I.8, not every person who operates a listed automobile is an insured for whom indemnity is provided. To fall into that category, one must not only be driving an autombile listed on the policy, but must also be either a named insured or driving with the insured's consent. The Court found that the driver was not an insured and was not driving with the insured's consent.

Brown v. Williamson, [2015] O.J. No. 3537, July 3, 2015, Ontario Superior Court of Justice, S.E. Firestone J.

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Horse Rider Training does not Fall within Scope of Farm Insurance Policy

Insured failed to inform the insurance broker of all equine activities he engaged in when he purchased the policy.  In particular, the insured failed to inform the broker that he may engage in the activity of providing horseback riding lessons, which was not found to be a "farm activity" under the policy. The Alberta Court of Appeal upheld the trial judge’s decision that the action as against the insurer was dismissed.

Burch v. Intact Insurance Co., [2015] A.J. No. 735, July 3, 2015, Alberta Court of Appeal, E.I. Picard, P.A . Rowbotham and B.K. O'Ferrall 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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Only One of Three Insurers had a Duty to Defend Alleged Oil Leak

The defendant vendor of a fuel oil tank which was alleged to have leaked sought a defence from its insurers under three separate liability insurance policies. One insurer was unable to rely on the limitation period in its policy and was required to provide a defence. The claims did not fall within coverage or were excluded under the two other policies.

Daverne v. John Switzer Fuels Ltd., [2015] O. J. No. 1589, March 31, 2015, Ontario Superior Court of Justice, G. Mew 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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Freezing and Expansion Exclusion Clause Operated to Exclude Liability For Damage Caused by Earth Movement

Coverage under an all risk policy of property insurance for damage caused by ground movement and expansion, cracking, and shifting of the insured building which resulted from freezing of leaking water was excluded by exclusions for damage caused directly or indirectly by expansion and freezing, but not by an exclusion for damage caused by earth movement.

Wynward Insurance Group v. MS Developments Inc., [2015] B.C.J. No. 561, March 4, 2015, British Columbia Supreme Court, P. Rogers J.

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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.

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A Claim Against A Lawyer Will be Denied If the Lawyer is not Insured at the time the Loss is Discovered

The plaintiff was unable to recover for losses suffered as a result of her lawyer’s negligence because (1) the lawyer was not practicing law and thus was not insured at the time the loss was discovered, and (2) the lawyer did not report the potential loss to the insurer while the policy was in effect. The Alberta Court of Queen’s Bench held that there was a reasonable and appropriate gap in coverage, and the Master’s decision was upheld.

Sawyer v. Canadian Lawyers Insurance Assn., [2015] A.J. No. 239, February 26, 2015, Alberta Court of Queen's Bench, J. Strekaf J.

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