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 – ...

Court dismissed plaintiff’s action for additional disability benefits concluding the insurer acted in good faith.

The defendant’s summary judgment application for a dismissal of the plaintiff’s action for one month of long term disability benefits, entitlement to two treatment plans, and damages for mental distress, and aggravated and punitive damages was dismissed.  The Court concluded the defendant’s decisions were based upon proper principles and were not carried out in bad ...