Insured’s claim that he was deprived of his mother’s care, guidance, and companionship due to insurer’s mishandling of claim was allowed to proceed

08. November 2016 0
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of Justice, August 31, 2016, C.D. Braid J. The insured’s mother was involved in ...

Faulty workmanship exclusion does not encompass resulting damage

08. November 2016 0
Faulty workmanship exclusion in builder’s risk policy excludes only the actual cost of redoing the faulty work. Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., [2016] S.C.J. No. 37, 2016 SCC 37, Supreme Court of Canada, September 15, 2016, McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown JJ. The insureds were ...

Canada Pension Plan disability payments are not income for the purposed of survivor benefits calculations

19. September 2016 0
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Holtby-York v. Saskatchewan Government Insurance, , [2016] S.J. No. 412, 2016 SKCA 95, August 3, 2016, R.G. Richards C.J.S., R.K. Ottenbreit and J.A. Ryan-Froslie JJ.A. ...