Marketability of a property is affected by municipal work orders even if they are not registered against title of the property

Municipal work orders do not need to be registered against title to affect the marketability of the property.

MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, December 3, 2015, Ontario Court of Appeal, E.A. Cronk, C.W. Hourigan, M.L. Benotto JJ.A. Continue Reading...

Insured who suffered injury two days prior to expiration of waiting period was not entitled to benefits under a Group Insurance policy

There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy.

Funk v. Blue Cross Life Insurance Co., [2015] M.J. No. 294, November 20, 2015, Manitoba Court of Queen's Bench, R.A. Dewar J. Continue Reading...

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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Location of automobile insurance policy is not a factor that satisfies the real and substantial jurisdictional connection test

The plaintiff appealed a jurisdictional ruling which found no real and substantial connection between the parties, the accident in which the plaintiff was injured and Ontario. A five‑judge panel of the Ontario Court of Appeal dismissed the appeal and affirmed Tamminga v. Tamminga, 2014 ONCA 478, which stands for the principle that a plaintiff's Ontario automobile insurance policy is not a factor that satisfies the real and substantial connection test.

Forsythe v. Westfall, [2015] O.J. No. 6134, December 29, 2015, Ontario Court of Appeal, E.E. Gillese, R.A. Blair, J.L. MacFarland, S.E. Pepall and M.L. Benotto JJ.A.

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Regulation capping benefits for attendant care services provided by a family member at economic loss sustained by that family member did not apply retrospectively.

Davis v. Wawanesa Mutual Insurance Co., 2015 ONSC 6624, October 27, 2015, Ontario Superior Court of Justice,E. Quinlan J.

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A Covenant to Insure is a Bar to a Subrogated Claim against a Subcontractor

A covenant to insure operated to bar a subrogated claim against a subcontractor. A subcontractor was also considered an unnamed insured even though the policy did not contain any wording expanding the definition of an insured beyond that of the named insured.

DCMS GP (Dufferin-Steeles) Inc. v. Caribbean Tower Cranes Ltd., [2015] O.J. No. 4364, August 19, 2015, Ontario Superior Court of Justice, M.D. Faieta J.

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A Party Advancing a Claim for Insurance Monies is not necessarily an Adverse Party

A party that is not advancing a claim for insurance money cannot be an adverse party for the purposes of litigation under section 176 of the Insurance Act, RSNB 1973, c.I-12.

Blue Cross Life Insurance Company of Canada v. Crawford, [2015] N.B.J. No. 147, May 27, 2015, New Brunswick Court of Queen's Bench, R.T. French J.

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An Insurer has no Duty to Investigate Accuracy of Information Provided by Insured

The insurer had no duty to investigate the information provided by the insured to unearth misrepresentations by the insured.  A broker was held liable for failing to make inquiries into whether an insured’s representative who completed the insurance applications had the necessary training or experience to do so and if not to discuss the benefits of property inspections with him. The insured was apportioned 50% liability for failing to ensure that its representatives handling the placement of insurance had sufficient knowledge of the properties to place coverage.

Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2015] N.S.J. No. 270, June 30, 2015, Nova Scotia Supreme Court, A.J. LeBlanc J.

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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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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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