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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A Covenant to Insure is a Bar to a Subrogated Claim against a Subcontractor

A covenant to insure operated to bar a subrogated claim against a subcontractor. A subcontractor was also considered an unnamed insured even though the policy did not contain any wording expanding the definition of an insured beyond that of the named insured.

DCMS GP (Dufferin-Steeles) Inc. v. Caribbean Tower Cranes Ltd., [2015] O.J. No. 4364, August 19, 2015, Ontario Superior Court of Justice, M.D. Faieta 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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An insurer is responsible for pre-tender defence costs

An insurer is responsible for pre-tender defence costs absent an identifiable prejudice arising from the late notice of the claim.

Lloyd's Underwriters v. Blue Mountain Log Sales Ltd., [2015] B.C.J. No. 783, April 22, 2015, British Columbia Supreme Court, T.M. McEwan J.

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Only One of Three Insurers had a Duty to Defend Alleged Oil Leak

The defendant vendor of a fuel oil tank which was alleged to have leaked sought a defence from its insurers under three separate liability insurance policies. One insurer was unable to rely on the limitation period in its policy and was required to provide a defence. The claims did not fall within coverage or were excluded under the two other policies.

Daverne v. John Switzer Fuels Ltd., [2015] O. J. No. 1589, March 31, 2015, Ontario Superior Court of Justice, G. Mew J.

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An Insurer Must Defend an Entire Claim Where Multiple Bases for Liability Exist but Only One is Covered

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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Freezing and Expansion Exclusion Clause Operated to Exclude Liability For Damage Caused by Earth Movement

Coverage under an all risk policy of property insurance for damage caused by ground movement and expansion, cracking, and shifting of the insured building which resulted from freezing of leaking water was excluded by exclusions for damage caused directly or indirectly by expansion and freezing, but not by an exclusion for damage caused by earth movement.

Wynward Insurance Group v. MS Developments Inc., [2015] B.C.J. No. 561, March 4, 2015, British Columbia Supreme Court, P. Rogers J.

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Dismissal of Insureds Claim for Disability Benefits was Upheld on Appeal

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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