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.

Continue Reading...

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.

Continue Reading...

Third party notice issued by owner of motor vehicle against renter was sufficient to require insurer of renter to respond first to claim arising out of a motor vehicle accident, notwithstanding that the plaintiff only named the owner as a defendant.

Elias v. Koochek, [2014] O.J. No. 4125, September 8, 2014, Ontario Superior Court of Justice, S.E. Firestone J.

Continue Reading...

It is appropriate for insurer to seek contribution from other insurers by filing an originating application pursuant to Rule 3.2(1) of the Alberta Court of Queen's Bench Rules.

Northbridge Indemnity Insurance Corp. v. Intact Insurance Co., [2014] A.J. No. 611, June 10, 2014, Alberta Court of Queen's Bench, W.P. Sullivan J.

Continue Reading...

The court reviewed and clarified the definition of a "dependent" under the Statutory Accident Benefits Schedule.

Security National Insurance Co. v. Wawanesa Mutual Insurance Co., [2013] O.J. No. 5661, December 9, 2013, Ontario Superior Court of Justice, E.M. Morgan J.

Continue Reading...

An insurer brought an action in Ontario seeking a declaration regarding the coverage available to the defendant under several alleged policies of insurance relating to mines located in Manitoba. A motion by the defendant seeking to have the action transferred to Manitoba was dismissed on the basis that other related litigation had been commenced in Ontario and there were numerous disadvantages to having the actions heard in different jurisdictions.

Century Indemnity Co. v. Viridian Inc., [2013] O.J. No. 3265, June 26, 2013, Ontario Superior Court of Justice, H.M. Pierce J.

Continue Reading...

An insurer was found liable for one half of judgment on the basis of equitable contribution and restitution.

Aviva Insurance Co. of Canada v. Lombard General Insurance Co. of Canada [2013] O.J. No. 2851, June 20, 2013, Ontario Court of Appeal, R.A. Blair, M.H. Tulloch and p.D. Lauwers JJ.A.

Continue Reading...

The court of appeal rejected the application of the American Stonewall Principle and refused to pro-rate deductibles even where deductibles were larger than the pro-rated payout for 'long-tail' claims.

Goodyear Canada Inc. v. American International Companies [2013] O.J. No. 2746, June 13, 2013, Ontario Court of Appeal, J.I. Laskin, E.A. Cronk and A. Hoy JJ.A

Continue Reading...

In reasons focusing on the need for deterrence, punitive damages awards of $1,500,000 and $3,000,000 were made against two insurers respectively. The court also awarded aggravated damages of $150,000 and $300,000 against each insurer respectively for breaching the peace of mind contracts.

Branco v. American Home Assurance Co., [2013] S.J. No. 151, March 21, 2013, Saskatchewan Court of Queen's Bench, M.D. Acton J.

Continue Reading...

The insurer of an incorporated truck driver may be the priority insurer under the SABs

An individual who is a sole proprietor may make an insured vehicle available to himself for his regular use. Where this is shown, the individual will be deemed to be a named insured under the policy insuring the vehicle for the purposes of s. 66(1) of the SABS and the insurerer of the vehicle will be the priority insurer for statutory accident benefits.

 

 

 

 

Security National Insurance Co. v. Markel Insurance Co., and Kingsway General Insurance Co. v. Gore Mutual Insurance Co., [2012] O.J. No. 4749, October 11, 2012, Ontario Court of Appeal, J.M. Simmons, R.P. Armstrong and S.E. Pepall JJ.A.

Continue Reading...