Insured not entitled to long-term disability benefits under an insurance policy held by former employer

12. June 2017 0
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The plaintiff was not entitled to long-term disability benefits under an insurance policy held by his former employer because the plaintiff did not make his claim until after his employment ceased. MacIvor v. Pitney Bowes Inc., [2017] O.J. No. 1161, 2017 ONSC 1550, Ontario Superior Court of Justice, March 7, 2017, A. Pollak J. On April 16, 2005, the plaintiff ...

Dispute clause allowing insurer to defer its indemnity obligations where dispute exists may be enforceable even where insurer is subrogated to the dispute rights

12. June 2017 0
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A dispute clause allowing an insurer to defer its indemnity obligations in cases where a dispute exists between an insured and a third party, may be enforceable, even where the insurer is subrogated to the disputed rights and has effective control over the resolution of that dispute. Bassett & Walker International Inc. v. Export Development ...

Exception does not exclude coverage where payment is made in trust to lawyer

12. June 2017 0
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Title insurance policies that exclude coverage where mortgage proceeds are paid to parties other than the registered title holder, cannot exclude coverage if payment is made to counsel to the registered title holder, unless there is clear language to the contrary. Nodel v. Stewart Title Guaranty Co., [2017] O.J. No. 649, 2017 ONSC 890, Ontario Superior Court of ...

BCSC finds innocent insured is entitled to coverage following fire damage to leased truck – Judge cautions insurers to avoid obscure legal terms or concepts beyond the understanding of the ordinary insured

12. June 2017 0
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Vehicle damage arising from a lessee’s arson does not fall within the conversion exclusion clause in Division 5 of the ICBC Autoplan Optional Policy, and an innocent lessor may accordingly be entitled to coverage. CIT Financial Ltd. v. Insurance Corporation of British Columbia, 2017 BCJ No 753, 2017 BCSC 641, British Columbia Supreme Court, April 20, 2017, N. Kent ...

Co-insured’s misrepresentations did not affect an innocent co-insured’s ability to claim under the policy

09. May 2017 0
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A misrepresentation by one co‑insured under s.554 of the Insurance Act, RSA 2000, c I‑3, does not affect an innocent co-insured’s interests because the statutory condition does not contain express language indicating misrepresentations by one insured will invalidate the policy as against an innocent co-insured. Haraba v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 274, ...

Policy no longer in existence when fire caused significant damage to business premises

09. May 2017 0
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The wording “post office to which it is addressed” in statutory condition 5(5) of the Insurance Act, RSA 2000, c. I 3, s. 549, is not ambiguous; the amendment to the statutory condition in 2012 was a change of legislative policy and does not change the interpretation of the wording in 2011. 1037466 Alberta Ltd. ...

Small portion of fees claimed is awarded to insureds as the only issue in dispute was the reasonableness of fees

09. May 2017 0
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The insurers were ordered to pay the insureds’ legal fees after acknowledging a duty to defend despite the fact that the fees incurred were almost double what the insurers stated was reasonable. However, the insureds were only awarded a small portion of the fees claimed after the insurers acknowledged the duty to defend as the ...

Stolen ATV covered for SABS benefits under umbrella policy of priority insurer

09. May 2017 0
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An insurer who acquired ownership of a stolen ATV was obliged to provide statutory accident benefits under the Ontario Statutory Accident Benefits Schedule to an infant injured while riding the ATV two days after the insurer had acquired ownership. Farmers’ Mutual Insurance Co. (Lindsay) v. Ontario (Minister of Finance), [2017] O.J. No. 1072, 2017 ONSC ...

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
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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
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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 ...