Mixed success on multiple vehicle arson claim motions

15. September 2020 0
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...

Household and attendant care expenses must be incurred to be recovered under the Ontario Statutory Accident Benefit Schedule

15. September 2020 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...

CGL provider required to defend claims relating to publication of confidential information notwithstanding data exclusion clauses

15. September 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Class actions Laridae Communications Inc. v. Co-operators General Insurance Co., [2020] O.J. No. 2124, 2020 ONSC 2198, Ontario Superior Court of Justice, May 8, 2020, A. Pollak J. An unauthorized party accessed documents from a secured section ...

Broker not liable for underinsuring insured’s property

15. September 2020 0
Insurance law – Property insurance – Agents and Brokers – Duties and liabilities of agent – Breach of contract – Failure to obtain reasonable coverage – Practice – Leave to appeal 2049390 Ontario Inc. v. Leung, [2020] O.J. No. 935, 2020 ONCA 164, Ontario Court of Appeal, March 3, 2020, D.H. Doherty, D.M. Brown and ...

The policy is the sum of all its parts

11. August 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2020] A.J. No. 491, 2020 ABCA 161, Alberta Court of Appeal, April 28, 2020, F.L. Schutz, R. Khullar ...

Beware of special costs when denying insurance coverage

11. August 2020 0
Insurance law – Medical travel insurance – Breach of good faith – Damages – Special damages – Punitive damages – Costs – Special and increased costs Stewart v. Lloyd’s Underwriters, [2020] B.C.J. No. 722, 2020 BCSC 669, British Columbia Supreme Court, April 30, 2020, B.J. Norell J. The insurer was found to have wrongfully denied ...

The court of appeal instructed defence counsel to follow protocols and safeguards when acting for two primary insurers

11. August 2020 0
Insurance law – Commercial general liability insurance – Multiple policies – Excess liability – Additional named insured – Conflict of interest between insurer and insured – Appointment and instruction of counsel – Practice – Appeals Markham (City) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1369, 2020 ONCA 239, Ontario Court of Appeal, March ...

Error to conflate a master insurance policy for all members with a member’s individual certificate of insurance

11. August 2020 0
Insurance law – Liability insurance – Professional negligence – Duty to defend – Third parties – Interpretation of policy – Multiple policies – Same insurer – Insurer – Rights, duties and liabilities – Practice – Appeals Van Huizen v. Trisura Guarantee Insurance Co., [2020] O.J. No. 1182, 2020 ONCA 222, Ontario Court of Appeal, March ...