Structural damage resulting from parking lot repairs was faulty workmanship, which was excluded from coverage under multi-peril insurance policy

13. November 2018 0
Insurance law – Property insurance – Strata corporations – Multi-peril policy – Exclusions – Appeals – Standard of review Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2018] A.J. No. 1140, 2018 ABQB 674, Alberta Court of Queen’s Bench, September 19, 2018, R.J. Hall J. The insurer successfully appealed a Master’s decision finding ...

Ontario Court of Appeal allows appeal of order dismissing representative plaintiffs’ certification motion in proposed class action lawsuit in respect to sale of life insurance policies

13. November 2018 0
Insurance law – Life insurance – Misrepresentation – Interpretation of policy – Class actions – Certification – Limitation periods – Practice – Summary judgments – Appeals Fehr v. Sun Life Assurance Co. of Canada, [2018] O.J. No. 4513, 2018 ONCA 718, Ontario Court of Appeal, September 5, 2018, G.R. Strathy C.J.O., C.W. Hourigan and B. ...

Insurer of vehicle involved in motor vehicle accident in Nunavut required to pay Ontario statutory accident benefits to occupant of vehicle insured in Ontario

13. November 2018 0
Insurance law – Automobile insurance – Appeals – Priority coverage – Interprovincial issues – Statutory obligations – Arbitration Travelers Insurance Co. v. CAA Insurance Co., [2018] O.J. No. 4681, 2018 ONSC 3911, Ontario Superior Court of Justice, September 13, 2018., A. Pollak J. Travelers appealed a decision of a private arbitrator who determined that Travelers ...

Insured’s application for declaration of coverage under homeowner’s policy not suitable for determination under summary trial rule

13. November 2018 0
Insurance law – Homeowner’s insurance – Coverage – Exclusions – Water damage – Practice – Summary judgment vs. trial Cotter v. Dominion of Canada General Insurance Co., [2018] B.C.J. No. 3136, 2018 BCSC 1527, British Columbia Supreme Court, September 5, 2018, D.C. MacDonald J. The insured brought an application for a declaration that he was ...

In a claim for unidentified motorist protection coverage, the limitation period does not begin to run until the plaintiff makes an indemnification demand and the responding insurer fails to satisfy that demand

09. October 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions Rooplal v. Fodor, [2018] O.J. No. 4460, 2018 ONSC 4985, Ontario Superior Court of Justice, August 20, 2018, V.R. Chiappetta J. The insurer provided unidentified motorist coverage under the Insurance Act, R.S.O. 1990, C. I.8, s.265. The plaintiff applied for leave to add ...

An insured is not required to hide car keys to avoid a finding of implied consent when someone else in the household takes the vehicle without the owner’s permission

09. October 2018 0
Insurance law – Automobile insurance – Uninsured motorist – Implied consent – Practice – Summary judgments Michaud-Shields v. Gough, [2018] O.J. No. 4329, 2018 ONSC 4977, Ontario Superior Court of Justice, August 21, 2018, C. de Sa J. While the insured was out of town, her son took the keys to her truck despite knowing ...

The insured’s claim was dismissed as the evidence did not support his claim that the motor vehicle accident was caused by an unknown vehicle

09. October 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Evidence – Practice – Summary judgments Gardner v. John Doe Driver, [2018] O.J. No. 4128, 2018 ONSC 4639, Ontario Superior Court of Justice, August 2, 2018, P.M. Perell J. The insured was involved in a motor vehicle accident and sued the insurer pursuant to s. 265(1) ...

The insurer was required to defend its insured as the policy’s definition of “insured” included an employer’s vicarious liability and would be superfluous if employers were covered only for their own acts or omissions

09. October 2018 0
Insurance law – Professional liability insurance – Duty to defend – Rights and duties of insurer – Interpretation of policy – Practice – Summary judgments Van Huizen v. Trisura Guarantee Insurance Co., [2018] O.J. No. 4188, 2018 ONSC 4828, Ontario Superior Court of Justice, August 10, 2018, P. Hurley J. The insured sought a declaration ...

The Manitoba Public Insurer was required to defend and indemnify its insured for a motor vehicle accident in Ontario despite the insured’s non-payment of premiums and failure to register his vehicle in Ontario prior to the accident

11. September 2018 0
Insurance law – Automobile insurance – Third parties – Duty to defend – Limitation of actions – Jurisdiction – Uninsured motorist Harte v. Lavrov, [2018] O.J. No. 3965, 2018 ONSC 4368, Ontario Superior Court of Justice, July 26, 2018, R.A. Lococo J. A vehicle owned by the insured rear-ended the plaintiff in Ontario. The insured’s ...

The insurer’s conduct amounted to a waiver of the insured’s breach where the insurer defended the claim without a reservation of rights or a non-waiver agreement for three years before denying coverage. Information indicating that the insured was in breach existed and was available to the insurer three years prior to the denial

11. September 2018 0
Insurance law – Automobile insurance – Breach of policy – Good faith – Estoppel – Duties and liabilities of insurer – Waiver Bradfield v. Royal and Sun Alliance Insurance Co. of Canada, [2018] O.J. No. 4072, 2018 ONSC 4477, Ontario Superior Court of Justice, July 20, 2018, A. Sosna J. This action arose out of ...