Summary judgment not appropriate for dispute regarding proof of loss in fire policy claim when credibility issues require a full trial to explore

18. April 2017 0
Summary judgment not appropriate for dispute regarding proof of loss when there are credibility issues requiring a full trial to explore. Gebara v. Economical Insurance Group, [2017] O.J. No. 458, 2017 ONSC 801, Ontario Superior Court of Justice, February 1, 2017, A. Doyle J. The insured moved for summary judgment for losses sustained as a ...

Ontario court finds loss transfer provisions apply to vehicles in motion even if chain reaction collision involves a vehicle not in motion

18. April 2017 0
Loss transfer provisions of the Fault Determination Rules apply to vehicles in motion even if the collision involves a vehicle that was not in motion. Kingsway General Insurance Co. v. Dominion of Canada General Insurance Co., [2017] O.J. No. 391, 2017 ONSC 498, Ontario Superior Court of Justice, January 27, 2017, R. Charney J. The ...

Punitive damages awarded against insurer for failure to pay fire coverage property claim in timely fashion

18. April 2017 0
Punitive damages awarded against insurer for failure to pay property claim in timely fashion. J.I.L.M. Enterprises & Investments Ltd. v. INTACT Insurance, [2017] O.J. No. 436, 2017 ONSC 357, Ontario Superior Court of Justice, January 16, 2017, W.D. Newton J. The insured brought an action for damages against its property insurer with respect to a ...

Hit-and-run victim who made “all reasonable efforts” to identify other driver entitled to compensation

18. April 2017 0
Insured made reasonable efforts to ascertain identity of hit-and-run drivers involved in motor-vehicle collision. Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van Oosten J. The insured driver brought a claim against the Insurance Corporation of British Columbia (“ICBC”) for damages arising out of a hit-and-run ...

Ontario court finds insurance contract “read as a whole” provides for alternative methods of proceeding where terms of contract are in dispute

Insurer’s motion for a stay of proceedings based on an arbitration clause in the insurance policy was dismissed because the declarations endorsement provided for proceeding by way of an action. Insurance law – Policies and insurance contracts – Interpretation of policy – Terms of policy – Arbitration provision; Actions – Stay of proceedings Trade Finance ...

Loss suffered by restaurant owners excluded under insurance policy’s Freezing Exclusion

Damage to the insureds’ restaurant was caused by two freezing incidents and was excluded from coverage by the freezing exclusion which provided that there was no insurance for loss or damage caused directly or indirectly by freezing. Insurance law – All-risk insurance – Exclusions – Policies and insurance contracts – Interpretation of policy; Practice – ...

BCSC exercises its discretion to award costs on a full indemnity basis in LTD insurance dispute

14. March 2017 0
The plaintiff insured was awarded solicitor-client costs against the defendant disability insurer. Insurance law – Disability insurance – Long term disability – Terms of policy – Rights and duties of insured; Costs – Special or increased costs; Third party action Tanious v. Empire Life Insurance Co., [2017] B.C.J. No. 85, 2017 BCSC 85, British Columbia Supreme Court, January 19, ...

Insurer has duty to defend in pollution exclusion claim

14. March 2017 0
Because the pleading did not allege sufficient facts about how the pollution escaped from the insured’s underground storage tanks, there was a possibility that the claim fell within the exception to the pollution exclusion clause and the insurer had a duty to defend the insured. Insurance law – Commercial general liability insurance – Umbrella policies ...

Ontario court dismisses insurer’s application for order compelling insured to undergo neuropsychological testing

10. February 2017 0
The insurer’s application for an order compelling the insured to undergo neuropsychological testing was dismissed as neuropsychological or cognitive function had not been put at issue and no treatment providers or experts had recommended it. Woolsey v. Industrial Alliance Insurance and Financial Services Inc., [2016] O.J. No. 6497, 2016 ONSC 7617, Ontario Superior Court of ...

Disabled employee not entitled to payments until age 65 despite insurer’s previous agreement to continue paying outside of contract of insurance

10. February 2017 0
The insurer’s agreement to continue paying disability benefits to a previously disabled employee did not amount to a contract of insurance obligating the insurer to continue payments until age 65 after the insurer ceased acting as the employer’s insurance provider. Bozek v. Fenchurch General Insurance Co., [2016] B.C.J. No. 2699, 2016 BCSC 2370, British Columbia ...