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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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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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 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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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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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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Decision granting summary judgment dismissing insured's action was upheld on basis that insured did not meet qualifying conditions of disability policy and commenced action more than two years after becoming aware of disability.

Thompson v. Sun Life Assurance Co. of Canada, [2015] O.J. No. 1195, March 12, 2015, Ontario Court of Appeal, E.A. Cronk, E.E. Gillese and D. M. Brown JJ.A.

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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.

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Commercial general liability insurers are under duty to defend insured in third party claims and to share the costs on a proportionate basis.

UPS Supply Chain Solutions Inc. v. Airon HVAC Service Ltd., [2015] O.J. No. 1360, March 18, 2015, Ontario Superior Court of Justice, W.M. Matheson J.

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An insured was advised by its broker that the broker had arranged for the excess insurer to provide umbrella insurance coverage for the insured's vehicles; however, the broker failed to advise there was a gap in excess coverage with respect to the insured's long-term leased vehicles. Following an accident involving one of the insured's long-term leased vehicles, the insured sought coverage from the excess insurer, but was denied. The insured successfully brought an action in negligence against the brokers for their failure to properly advise the insured with respect to the umbrella coverage obtained for the vehicles.

Dustbane Products Limited v. Gifford Associates Insurance Brokers Inc., [2015] O.J. No. 854, February 18, 2015, Ontario Superior Court of Justice, M.L. Edwards J.

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