No duty to defend was found where the true nature of the claim could not be determined from the pleadings.

University of Waterloo v. Scottish & York Insurance Co., [2014] O.J. No. 1103, February 24, 2014, Ontario Superior Court of Justice, D.J. Gordon J.

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The plaintiff commenced an action against the defendant's insurer on the basis the plainitff's damaged goods were insured by the defendant's insurer as if they were the property of the defendant. The Court concluded the goods were not insured. The defendant had not agreed to arrange insurance for the goods and the plaintiff was not an unnamed beneficiary under the policy.

Merex Inc. v. Stoney Island Fisheries Ltd., [2014] N.S.J. No. 79, February 21, 2014, Nova Scotia Supreme Court, J.D. Murphy J.

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Application on the issue of whether the insurer had a duty to defend the insured in legal proceedings alleging damages caused by defective work. The insured’s plumbing work was completed while the insurance policy was valid. Years later, the plumbing system failed and caused damage. The insurer argued the pleadings did not allege facts showing that an occurrence causing damage took place before the expiry of the policy and in the alternative, the damage was excluded from coverage as a result of the "your work" exclusion. The insurer's application was dismissed because there was an occurrence during the policy period and the insurer could not demonstrate that the exclusion clause clearly applied.

Co-operators General Insurance Co. v. Wawanesa Mutual Insurance Co., [2014] N.S.J. No. 111, January 27, 2014, Nova Scotia Supreme Court, M.J. Wood J.

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The insurer had separate policies of insurance with the plaintiff and the defendant. The plaintiffs argued that because they were also policy holders with the insurer, the insurer owed them a duty of good faith and fair dealing and the insurer was obliged to settle the plaintiffs' action against the defendants. The plaintiffs' action against the insurer was dismissed because the insurer owed no duty to the plaintiffs simply because the plaintiffs had an insurance policy with the insurer.

Sweet v. Sweet, [2014] S.J. No. 84, January 27, 2014, Saskatchewan Court of Queen's Bench, R.C. Mills J.

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Although the insured’s claim for indemnification under a commercial general liability insurance policy for the cost of destroying a contaminated product sold by the insured to the third party was for a fortuitous loss, it did not fall within coverage as the insured did not prove the event that caused the contamination.

Westaqua Commodity Group Ltd. v. Sovereign General Insurance Co., [2014] B.C.J. No. 284, February 18, 2014, British Columbia Supreme Court, J. Steeves J.

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The court granted a declaration that an insurer was required to defend an additional named insured in action in which identical allegations were made against the named insured.

Zhou v. Markham (Town), [2014] O.J. No. 351, January 21, 2014, Ontario Superior Court of Justice, C.J. Brown J.

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The court relied on grammar and punctuation to conclude a coverage provision was not ambiguous and the plain meaning was that coverage did not apply.

1088437 Ontario Inc. (c.o.b. Northmore Fuels) v. GCAN Insurance Co., [2013] O.J. No. 5407, November 28, 2013, Ontario Superior Court of Justice, J.R. MacKinnon J.

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Appeal of a finding that the lessee of a vehicle was the "owner" of the vehicle by virtue of the definition of "owner" under the Motor Vehicle Act such that the defendant driver was not an additional insured. Appeal dismissed. Although it was doubtful the lessee was an "owner" under the policy wording, the vehicle was licensed in the lessee's name and the defendant driver was not an additional insured.

Lombard General Insurance Co. of Canada v. Canadian Direct Insurance Inc. [2013] B.C.J. No. 2673, December 5, 2013, British Columbia Court of Appeal, P.D. Lowry, D.M. Smith and E.A. Bennett JJ.A.

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In Alberta there is no right to jury trial where defendant raises equitable defence.

Coulter v. Co-operators Life Insurance Co., [2013] A.J. No. 919, September 6, 2013, Alberta Court of Appeal, J.E.L. Côté, B.K. O'Ferrall and B.L. Veldhuis JJ.A.

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Commercial general liability insurer found to owe insured, a construction company, a duty to defend it in respect to a claim by a condominium corporation for alleged construction defects.

Canalta Construction Co. Ltd. v. Dominion of Canada General Insurance Co., [2013] A.J. No. 592, June 3, 2013, Alberta Court of Queen's Bench, V.O. Ouellette J.

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