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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The Court of Appeal considered whether the addition of the words "compensation similar to benefits" to section 106 of the Insurance (Vehicle) Regulation changed the meaning of section 106 such that compensation in the form of sick bank accumulation should be deducted from damages awarded for past income loss. The Court found that the words "compensation similar to benefits" did not remove the element of insurance from a plain reading of the section. The accumulation of sick leave credits does not involve an element of insurance. Accordingly, sick banked time is not deductible.

Jordan v. Lowe [2013] B.C.J. NO. 2647, December 3, 2013, British Columbia Court of Appeal, R.T.A. Low, C.E. Hinkson and D.C. Harris JJ.A.

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The Court concluded that the extension of coverage for Interruption by Civil Authority did not provide coverage for subsequent consequential losses that occurred after access by a civil authority was no longer denied.

Strata Plan KAS3058 v. St. Paul Fire and Marine Insurance Co. (c.o.b. Travellers) [2013] B.C.J. No. 2651, December 2, 2013, British Columbia Supreme Court, M.L. Fleming J.

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The issuer of a comprehensive general liability policy brought an application seeking a declaration that the issuer of an excess liability policy was required to contribute to defence costs incurred on behalf of their common insured. The Court of Appeal upheld a decision holding that there was no overlapping coverage for defence costs under the policies and, therefore, the excess insurer had no duty to contribute to the defence costs.

ACE INA Insurance v. Associated Electric & Gas Insurance Services Ltd., [2013] O.J. No. 5162, November 14, 2013, Ontario Court of Appeal, E.E. Gillese, R.G. Juriansz and G.R. Strathy JJ.A.

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On an application for summary judgment it was held that the plaintiff’s 19 year old girlfriend was not a person under the age of 21 in his care and she was therefore not an unnamed insured under the policy. An exclusion for loss or damage resulting from the criminal or intentional act of any person insured by the policy therefore did not apply.

Ryan v. Canadian Farm Insurance Corp., [2013] M.J. No. 391, November 8, 2013, Manitoba Court of Queen's Bench, Master J.M. Cooper.

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The insured under a policy of homeowner’s insurance was found to be entitled to a defence in a tort action in which he was named as a defendant in his personal capacity and in his capacity as an officer and director of several companies also named as defendants in the tort action. It was held that the allegations against the insured were broad enough to include conduct outside the insured’s corporate duties and for which the corporate defendants may not be liable.

Martin v. Royal & Sun Alliance Co. of Canada, [2013] B.C.J. No. 2468, November 12, 2013, British Columbia Supreme Court, N.H. Smith J.

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The parents of the purchaser of a policy of automobile insurance were found to fall within the definition of “dependent relative” in the policy for the duration of a vacation with their son and his family on the basis that the son financed the entire vacation in exchange for the parents agreeing to assist with childcare during the vacation.

Drover v. Smith, [2013] N.J. No. 367, November 12, 2013, Newfoundland and Labrador Supreme Court, R.J. Halley J.

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The parents of the purchaser of a policy of automobile insurance were found to fall within the definition of “dependent relative” in the policy for the duration of a vacation with their son and his family on the basis that the son financed the entire vacation in exchange for the parents agreeing to assist with childcare during the vacation.

Drover v. Smith, [2013] N.J. No. 367, November 12, 2013, Newfoundland and Labrador Supreme Court, R.J. Halley J.

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An insurer was granted summary judgment striking a claim commenced by a judgment creditor of the insured as the claim had not been made during the policy period.

Sawyer v. Canadian Lawyers Insurance Assn., [2013] A.J. No. 1143, October 21, 2013, Alberta Court of Queen's Bench, Master J.T. Prowse

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The insured was granted leave to appeal the decision of an arbitrator where the arbitrator took a "fault-based" analysis in determining an insurer's obligations under a policy rather than applying the principles of contractual interpretation.

Bal v. British Columbia (Ministry of Agriculture), [2013] B.C.J. No. 2345, October 25, 2013, British Columbia Supreme Court, L.A. Warren J.

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