The title insurer was liable to indemnify the purchaser of a cottage containing latent structural deficiencies which flowed from an inadequate building process and made the home unsafe for occupancy

14. August 2018 0
Insurance law – Title insurance – Exclusions – Coverage – Latent defect Breen v. FCT Insurance Co., [2018] O.J. No. 3260, 2018 ONSC 3644, Ontario Superior Court of Justice, June 14, 2018, M.P. Eberhard J. The insured purchased a cottage in 1999, which had been built years earlier by a previous owner pursuant to a ...

Petitioners providing certain professional services relating to a construction project were held to be insureds under the terms of a professional liability policy, despite not being identified by name in either the policy or the application for insurance

14. August 2018 0
Insurance law – Liability insurance – Errors and omissions policy – Interpretation of policy – Notice Surespan Structures Ltd. v. Lloyd’s Underwriters, [2018] BCJ No. 1251, 2018 BCSC 1058, British Columbia Supreme Court, June 27, 2018, Winteringham, J. The petitioners, Surespan Structures Ltd. (“Surespan”) and HGS Limited (“HGS”), sought a declaration that they were insureds ...

No reversible error found in motion judge’s refusal to dismiss bad faith claim against insurer on summary judgment application

14. August 2018 0
Insurance law – Bad faith – Rights and duties of insurer – Practice – Summary judgment – Settlement 3746292 Manitoba Ltd. v. Intact Insurance Co., [2018] M.J. No. 128, 2018 MBCA 59, Manitoba Court of Appeal, May 17, 2018, B.M. Hamilton, C.J. Mainella and J.A. Pfuetzner JJ.A. The Manitoba Court of Appeal heard an appeal ...

Physical contact with unidentified vehicle required for coverage under SEF No. 44 Endorsement in Alberta

14. August 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy – Appeals Funk v Wawanesa Mutual Insurance Co., [2018] A.J. No. 669, 2018 ABCA 200, Alberta Court of Appeal, May 25, 2018, R.L Berger, F.F. Slatter and P.A. Rowbotham JJ.A. The Alberta Court of Appeal considered whether the SEF No. 44 Endorsement on a ...

Landlord’s insurer entitled to subrogate against tenant notwithstanding language of lease that gave tenant benefit of landlord’s insurance where lease included exception for damage caused by tenant’s negligence

14. August 2018 0
Insurance law – Property insurance – Subrogation – Fire – Landlord and tenant – Commercial tenancy – Leases, share of insurance cost – Appeals – Special case Royal Host Limited Partnership v. 1842259 Ontario Ltd., [2018] O.J. No. 2643, 2018 ONCA 467, Ontario Court of Appeal, May 18, 2018, A. Hoy A.C.J.O., R.G. Juriansz and ...

Insurance obtained by private mortgagee is solely for their own protection and not for that of the mortgagor

10. July 2018 0
Insurance law – Homeowner’s insurance – Mortgages – Standard mortgage clause – Subrogation – Right of insurer to subrogation – Practice – Summary judgments – Appeals Hanson v. Totten Insurance Group Inc., [2018] O.J. No. 2500, 2018 ONCA 446, Ontario Court of Appeal, May 10, 2018, J.L. MacFarland, H.S. LaForme and G.J. Epstein JJ.A. The mortgagors ...

The insurer was a person “person lawfully entitled to” a vehicle under the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25, despite not having resolved the underlying claim with the insured

Insurance law – Automobile insurance – Coverage – Policies and insurance contracts – Duties and liabilities of insurer – Right of insurer to subrogation – Appeals 2237446 Ontario Inc.(c.o.b. 409 Collision Centre (2011)) v. Intact Insurance, [2018] O.J. No. 2195, 2018 ONCA 394, Ontario Court of Appeal, April 24, 2018, C.W. Hourigan, G. Huscroft and ...

The insured employee was entitled to long-term disability benefits for a brain injury suffered on a company trip despite applying for benefits after his employment ceased because the policy did not exclude coverage for claims arising during the course of employment

Insurance law – Group insurance – Long term disability benefits – Terms of policy – Interpretation of policy – Limitation of actions – Appeals MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA 381, Ontario Court of Appeal, April 19, 2018, J.L. MacFarland, G. Huscroft and I.V.B. Nordheimer JJ.A. The insured employee suffered ...