British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The Court of Appeal substantially allowed the appeal from a motion decision striking out numerous claims in a proposed class action relating to the sale and administration of four types of life insurance policies. The plaintiffs' claims for breach of duty of good faith and fair dealing and for deceit and fraud were not mere reiterations of the plaintiffs' claim for negligent and fraudulent misrepresentation and should be allowed to stand. Their claim for breach of contract was based on ambiguious terms in the contract and was likewise allowed to stand. A claim relating to settlement entered into by the defendant insurer was struck out on the basis that no relief was being claimed.

Kang v. Sun Life Assurance Co. of Canada, [2013] O.J. No. 768, February 25, 2013, Ontario Court of Appeal, J.I. Laskin, M. Rosenberg and S.T. Goudge JJ.A.

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Where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence.

Khosah v. Canada Life Assurance Co., [2013] B.C.J. No. 99, January 11, 2013, British Columbia Court of Appeal, R.T.A. Low, D.M. Smith and A.W. MacKenzie JJ.A.

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A Mid-trial ruling about when a life insurance policy came into effect.

Pagliaroli v. Industrial Alliance Insurance and Financial Services Inc., [2012] O.J. No. 5801, December 3, 2012, Ontario Superior Court of Justice, S.E. Healey J.

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A declaration in a will designating beneficiaries under a life insurance policy is effective from the date of execution of the will even though the will itself only "speaks from the date of death". If the will is revoked after execution, the beneficiary designation contained in the will is likewise revoked.

Petch v. Kuivila [2012] O.J. No. 5234, November 2, 2012, Ontario Superior Court of Justice, E.M. MacDonald J.

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An application by a widow for an order that a group creditor insurer pay her pursuant to a policy of insurance following her husband’s death. The application was dismissed.

Laird v. First Canadian Insurance Corp., [2012] N.B.J. No. 132, April 26, 2012, New Brunswick Court of Queen’s Bench, P.S. Glennie J.

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Appeal by the beneficiary from the dismissal of his application for payment of the proceeds of the life insurance policy of his deceased ex-wife. The appeal was allowed and the court held that the public policy rule preventing a person from profiting from his or her own crime does not apply to a beneficiary who is found not criminally responsible on account of mental disorder.

Dhingra v. Dhingra Estate, [2012] O.J. No. 1757, April 24, 2012, Ontario Court of Appeal, M. Rosenberg, E.A. Cronk and D. Watt JJ.A.

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McLean v. Canadian Premier Life Insurance Co., [2012] B.C.J. No. 198, January 31, 2012, British Columbia Supreme Court, J.K. Bracken J.

The plaintiff applied unsuccessfully for a declaration that she was entitled to accidental death benefits under a policy of life insurance following the death of her husband.

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Paul v. CUMIS Life Insurance Co., [2012] B.C.J. No. 253, January 20, 2012, British Columbia Court of Appeal, M.E. Saunders, P.D. Lowry and S.D. Frankel JJ.A.

Appeal by an insurer from a trial judgment finding it liable under a mortgage life insurance policy. The appeal was allowed.

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Application by the beneficiary for judgment against the insurer for insurance benefits. The insurer requested proof of the insured’s continued total disability. This was not provided and the insured’s policy was terminated. Application allowed. The insurer did not take clear steps to invoke the medical reporting clause in the insurance policy and did not make it clear to the insured that failing to provide the requested information could result in termination of his coverage.

Burns v. Assumption Life [2011] N.B.J. No. 364, October 26, 2011, New Brunswick Court of Queen's Bench, F. Ferguson J.

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An insurer denied coverage under a policy of life insurance after it had accepted payment of back premiums and reinstated coverage following the insured's death.  The court held the insurer had waived its right to require renewed evidence of insurability prior to reinstating coverage and could not later seek to deny coverage.  The court also held the insurer was estopped from denying coverage because it represented coverage would be reinstated upon payment of back premiums, which the plaintiff paid to her detriment.

Paul v. CUMIS Life Insurance Co. [2011] B.C.J. No. 373, March 7, 2011, British Columbia Supreme Court, W. Ehrcke J.

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