An insurer was required to defend a defamation action commenced against her insured, despite the fact that the action pled intentional conduct by the insureds

02. January 2012 0
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, [2011] B.C.J. No. 1948, October 19, 2011, British Columbia Supreme Court, C.J. Ross J.

Out of province claim for first party accident benefits allowed despite the passage of a statutory limitation period

17. November 2011 0
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, [2011] B.C.J. No. 2008, October 27, 2011, British Columbia Court of Appeal, M.V. Newbury, D.M. Smith and H. Groberman JJ.A.

A liabilty insurer may not be entitled to be a party to an action commenced against an insured because the insurer’s participation could affect the insured’s entitlement to coverage under the policy

25. August 2011 0
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), [2011] B.C.J. No. 793, April 28, 2011, British Columbia Supreme Court (In Bankruptcy and Insolvency), P.W. Walker J.

Testimony of an insured’s girlfriend is sufficient to entitle a driver to coverage for damage from an unidentified driver in Ontario.

17. August 2011 0
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., [2011] O.J. No. 2011, May 3, 2011, Ontario Court of Appeal, D.H. ...

Evidence of the intention of the parties outside of the insurance contract may be used to establish the terms of the contract

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., [2011] 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.