Insured successfully obtained a declaration that the insurer was obligated to pay for its defence costs with respect to a defamation claim, and that it should have control of its own defence. British Columbia Medical Association v. Aviva Insurance Co. of Canada,  B.C.J. No. 1948, October 19, 2011, British Columbia Supreme Court, C.J. Ross J.
Court of Appeal upheld award of damages for mental distress in relation to a claim for statutory accident benefits. McQueen v. Echelon General Insurance Co.,  O.J. No. 4563, October 18, 2011, Ontario Court of Appeal, E.E. Gillese, R.P. Armstrong and A. Karakatsanis JJ.A.
Application to add out-of-province insurer as a defendant by insured allowed notwithstanding the limitation period prescribed by s. 103 of the Insurance (Vehicle) Regulation had expired. Moldovan v. Insurance Corp. of British Columbia,  B.C.J. No. 2008, October 27, 2011, British Columbia Court of Appeal, M.V. Newbury, D.M. Smith and H. Groberman JJ.A.
Insurer’s application to be added as a party in an action by former employees against former directors and officers of its insured company was dismissed. Pope & Talbot Ltd. (Re),  B.C.J. No. 793, April 28, 2011, British Columbia Supreme Court (In Bankruptcy and Insolvency), P.W. Walker J.
Insured was entitled to coverage under the policy because membership in AMA was not a condition precedent to coverage and there was a reasonable expectation that the policy would be renewed on an annual basis. Lafont v. Alberta Motor Assn. Insurance Co.,  A.J. No. 513, May 3, 2011, Alberta Court of Queen’s Bench, D.J. ...
Evidence of insured’s girlfriend sufficient to corroborate insured’s evidence of the involvement of an unidentified driver in a motor vehicle accident such that he was entitled to coverage under the Family Protection Endorsement OPCF 44R. Pepe v. State Farm Mutual Automobile Insurance Co.,  O.J. No. 2011, May 3, 2011, Ontario Court of Appeal, D.H. ...
Appeal of declaration of entitlement to long-term disability benefits to age 65 allowed, the Court finding that the insured was only entitled to long-term disability benefits for two years. McGarry v. Co-operators Life Insurance Co.,  B.C.J. No. 773, April 28, 2011, British Columbia Court of Appeal, K.C. Mackenzie, P.D. Lowry and C.E. Hinkson JJ.A.
Appeal from master’s decision that insured had “required license” under aircraft policy allowed. Gudzinski Estate v. Allianz Global Risks US Insurance Co.,  A.J. No. 473, April 26, 2011, Alberta Court of Queen’s Bench, B.A. Browne J.
Insurer’s application for bifurcation of bad faith claim granted. Cort v. Insurance Corp. of British Columbia,  B.C.J. No. 853, May 5, 2011, British Columbia Supreme Court, Master P. Keighley