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 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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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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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 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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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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Motion by the insured for a declaration of coverage. The insured owned half of a duplex with a dirt floor. The question was whether the policy covered the cost of remediating the dirt floor after it had been contaminated with oil. The court held that remediation was covered under the policy as the definition of “dwelling” included the floor, albeit one made of dirt.

Snow. v. Royal & Sun Alliance Insurance Co. of Canada, [2015] N.S.J. No. 53, January 13, 2015, Nova Scotia Supreme Court, P.J. Murray 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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Summary judgment application to determine the meaning of the word “load” in the following exclusion clause:  “The weight of the load exceeding the registered lifting or supporting capacity of any machine.”  The insured owned an articulating boom lift that was damaged when the operator used the boom in an attempt to lever the lift out of mud in which it was stuck.  The court concluded the word “load” meant more than the weight in the manbasket and would include external resistance being applied to the lift or overall force to which the lift was being subjected.  Accordingly, the exclusion clause was engaged and the insured’s claim was dismissed.

Aspen Interiors Inc. v. Wawanesa Mutual Insurance Co., [2015] S.J. No. 25, January 5, 2015, Saskatchewan Court of Queen's Bench, R.S. Smith J.

 

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The insured was granted relief from forfeiture for failing to meet the contractually imposed deadline for submitting a claim for long term disability benefits.

Dube v. RBC Life Insurance Co., [2015] O.J. No. 42, January 7, 2015, Ontario Superior Court of Justice, M.A. Garson J.

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