Insurer was not under a duty to defend an insured in an action where the insured, a teacher, was alleged to have committed assault and battery in respect to a student. Dube v. BCAA Insurance Corp.,  B.C.J. No. 2751, December 24, 2012, British Columbia Supreme Court, S.F. Kelleher J.
The Insurer was found to owe its insured a duty to defend in circumstances where the plaintiffs amended their claim from one alleging fraud to one alleging negligence. Aitken v. Unifund Assurance Co.,  O.J. No. 4450, September 25, 2012, Ontario Court of Appeal, S.E. Lang, G.J. Epstein and A. Hoy JJ.A.
Plaintiff’s insurer was required to provide coverage due to a material misrepresentations made by driver of the other vehicle involved in an accident. Wen v. Unifund Assurance Co.,  O.J. No. 4386, September 20, 2012, Ontario Superior Court of Justice, S.M. Stevenson J.
No coverage for an insured whose property was vandalized while it was vacant due to a vacancy clause. However, the insured was successful in an action against his agent. Newbigging v. M. Butler Insurance Brokers Ltd.,  O.J. No. 4270, September 13, 2012, Ontario Superior Court of Justice, T. Maddalena J.
Insured was denied coverage for intentional breach of trust. Ernst & Young Inc. v. Chartis Insurance Co. of Canada,  O.J. No. 4399, September 17, 2012, Ontario Superior Court of Justice, T.R. Lederer J.
The Insured’s failure to give his insurer notice of a Notice of Health Hazard entitled the insurer to deny coverage on the basis that there was a material change in the insurer’s risk. Mah v. Wawanesa Mutual Insurance Co.,  A.J. No. 981, September 19, 2012, Alberta Court of Queen’s Bench, T.D. Clackson J.
Insurer’s application for declaration that its obligation to contribute to the costs of defending its insureds was limited to pro rata share based on time “on risk” was dismissed. Lombard General Insurance Co. of Canada v. 328354 B.C. Ltd.,  B.C.J. No. 590, March 26, 2012, British Columbia Supreme Court, G.B. Butler J.
The Court of Appeal determined that the limitation period for a “loss transfer claim” made by one insurer against another for indemnification for statutory accident benefits (“SABs”) paid to an insured begins to run on the day after the insurer seeking indemnification makes a demand for loss transfer.Insurer’s application for declaration that its obligation to ...
Insurer estopped from relying on s. 35 of the Insurance Act because it was aware of facts which made s. 35 relevant when it appointed counsel to defend its insured. Personal Insurance Co. v. Alexander Estate,  N.W.T.J. No. 20, March 2, 2012, Northwest Territories Supreme Court, V.A. Schuler J.