Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp., [2016] O.J. No. 2505, 2016 ONCA 364, Ontario Court ...

Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. Dow J. The insured requested his broker, which held binding authority for the insurer, to change the ...

Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Unifund Assurance Co. v. Security National Insurance Co., [2016] O.J. No. 1855, 2016 ONSC 2334, Ontario Superior Court of Justice, April 6, 2016, R.F. Goldstein J. ...

Water seeping through foundation walls was excluded under insured’s “water escape” coverage

Water damage caused by water seeping through the foundational walls of an insured’s property was outside the scope of the insured’s “water escape” coverage, as being “ground water” or “surface water”. It did not matter whether this water seepage happened slowly or suddenly. Hojjatian v. Intact Insurance Co., [2016] O.J. No. 1834, 2016 ONSC 2318, Ontario Superior ...

Uninsured motorist protection under Ontario Insurance Act is distinct from optional Family Protection Endorsement for inadequately insured motorist

Optional uninsured motorist coverage is distinct from the uninsured motorist protection provided for under the Ontario Insurance Act. The latter is a creature of statute, which excludes coverage for uninsured vehicles owned by an insured or their spouse. The former is subject to the principles of policy interpretation and may provide coverage for an uninsured ...