A Subrogated Claim against an Employee Common to both Plaintiff and Defendant is Bound to Fail

A subrogated claim against an individual and corporate entities was dismissed after the court found both the defendants and the plaintiff were the common employers of the individual who actually started the fire.

Shamac Country Inns Ltd. v. Sandy's Oilfield Hauling Ltd., [2015] A.J. No. 905, August 17, 2015, Alberta Court of Queen's Bench, Master R.P. Wacowich

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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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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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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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The Standard of Review for an Umpire's Decision is "Patently Unreasonable"

Judicial review of an umpire's decision made pursuant to section 12 of the Insurance Act, R.S.B.C. 2012, c.1, regarding the value of stolen jewellery The standard of review was whether the umpire's decision was patently unreasonable. The petitioners (insureds) failed to identify a reversible error and the petition for judicial review was dismissed.

Vandale v. Wawanesa Mutual Insurance Co., [2015] B.C.J. No. 942, May 11, 2015, British Columbia Supreme Court, P. Rogers J.

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Insurer does not have Duty to Defend Negligent Acts Occuring within Policy Period After Policy Expires

The Court found on a special case under Rule 9-3 that the insurer did not have a duty to defend the insureds with respect to claims for negligent acts occurring within the policy period when the resulting damage (i.e., a landslide) occurred several months after the policy expired.

Canadian Northern Shield Insurance Co. v. Intact Insurance Co., [2015] B.C.J. No. 943, May 11, 2015, British Columbia Supreme Court, B. Fisher J.

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An Insurer Cannot Rely on the Concept of Insurable Interest to Deny Coverage for Statutory Insurance

An insurer cannot rely on the common law concept of an insurable interest to deny coverage for statutory insurance.

Young v. Saskatchewan Government Insurance, [2015] S.J. No. 207, April 30, 2015, Saskatchewan Provincial Court, D.J. Kovatch Prov. Ct. J.

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An Insurer should set up Information Firewall where it Insures both the Tortfeasor and Victim

Where an insurer insures both the tortfeasor for liability coverage and the victim for accident benefits, the insurer should set up a firewall so that information gathered by it regarding the accident benefits claim is not available in the tort action.

Dervisholli v. Cervenak, [2015] O.J. No. 2076, April 24, 2015, Ontario Superior Court of Justice, F.N. Marrocco A.C.J.S.C.J., J.C. Kent and M.L. Edwards JJ.

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