The insured’s application for long-term disability benefits was denied by the adjuster for five months after the time of her claim. The insured alleges that in denying her claim, the adjuster and the insurer did not act in good faith. The Court refused to summarily dismiss the insured’s claim against the insurer and adjuster for breach of contract and the duty of fairness and good faith; however, the insured’s claims against the adjuster for inducement of breach of contract and interference with contractual relations were dismissed.

Frank v. Kalokina, [2014] B.C.J. No. 2496, September 17, 2014, British Columbia Supreme Court, R.A.M. Baird J.

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A first party insurer claimed indemnification from a second party insurer for statutory accident benefits paid to an insured following a motorcycle accident. It was held by both the arbitrator and the Ontario Superior Court of Justice on appeal that the amounts paid out to the insured were unreasonable. As a result, the quantum of statutory benefits paid to the first party insurer by the second party insurer was significantly reduced.

Jevco Insurance Co. v. Gore Mutual Insurance Co.,[2014] O.J. No. 4531, September 19, 2014, Ontario Superior Court of Justice, E.M. Stewart J.,

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The insurer’s failure to provide written notice of the applicable limitation period to the insured did not cause the limitation period for commencing an action to be waived or suspended on the bases of either promissory estoppel or the Fair Practices Regulation, Alta Reg 128/2001. However, section 5.3(2) of the Fair Practices Regulation, which requires insurers to provide claimants with written notice of the applicable limitation period within 60 days of becoming aware of a claim, is now in force. Consequently, insurers will be required to provide insureds with written notice of applicable limitation periods in claims brought after July 1, 2012.

Dhillon v. Anderson, [2014] A.J. No. 1110, October 3, 2014, Alberta Court of Queen's Bench, Master A.R. Robertson (in Chambers)

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Where one insurer is liable to indemnify another for statutory accident benefits, the statutory scheme creates a new and actionable statutory cause of action each time a proper request for indemnification is made and goes unsatisfied.  The insurer was liable to satisfy requests made within two years of the notice to arbitrate and any requests made after.

Economical Mutual Insurance Co. v. Zurich Insurance Co., [2014] O.J. No. 4166, September 2, 2014, Ontario Superior Court of Justice, T.R. Lederer 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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The insured’s 19-year-old girlfriend was not considered an unnamed insured despite the fact that she was a member of the insured’s household. The definition of insured under the policy, which included any person under 21 “in the care of” the named insured, was never meant to capture a typical live-in romantic relationship.

 

 

Ryan v. Canadian Farm Insurance Corp.,[2014] M.J. No. 254, August 28, 2014, Manitoba Court of Queen's Bench, C. Suche J.

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Contrary to the trend towards tolerancy in setting aside default judgments, an insurer's motion to set aside default judgment was dismissed.

Kisel v. Intact Insurance Co., [2014] O.J. No. 3812, August 18, 2014, Ontario Supreme Court of Justice, P.M. Perrell J.

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Appeal of the dismissal of the insured's appeal from a master's order compelling him to undergo an independent medical examination. The Court of Appeal found no error in the reasons of the chambers judge. The order under appeal required the court to exercise its discretion and absent the finding that it was clearly wrong, the exercise of discretion was entitled to deference. Accordingly, the appeal was dismissed.

Wright v. Sun Life Assurance Co. of Canada [2014] B.C.J. No. 1982, July 30, 2014, British Columbia Court of Appeal, E.A. Bennett, D.C. Harris and R. Goepel JJ.A.

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The existance of subrogated action in insured's name in Alberta for property damage was not a bar to insured's claim for personal injuries in Ontario.

Kelly v. Horn, [2014] O.J. No. 2872, June 16, 2014, Ontario Superior Court of Justice, F.N. Marrocco A.C.J.S.C.J., A.C.R. Whitten and Thomas JJ.

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