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 ...

It was not within the Court’s discretion to allow a dormant action to continue under amended Alberta rules of court.

Successful application to dismiss the plaintiffs’ action pursuant to Rule 4.33 on the basis three or more years had passed without a significant advance in the action. Berlinic v. Peace Hills General Insurance Co., [2016] A.J. No. 183, 2016 ABQB 104, Alberta Court of Queen’s Bench, Master W.S. Schlosser (In Chambers), February 24, 2016