Insurer ordered to defend claim brought against insured pursuant to general liability policy in respect of alleged negligent installation of kitchen cabinets. California Kitchens & Bath Ltd. v. AXA Canada Inc.,  O.J. No. 4752, November 5, 2010, Ontario Superior Court of Justice, E. Frank J.
An insurer was ordered to defend insured pursuant to a project specific wrap-up policy with respect to claims brought by owner of a building against the insured, the general contractor with respect to its construction. PCL Constructors Canada Inc. v. Encon Group,  O.J. No. 4566, October 27, 2010, Ontario Superior Court of Justice, D.A. ...
An insured struck in British Columbia by a tractor trailor licensed in Manitoba was limited to the amount of benefits – payable by Manitoba Public Insurance Scheme – that would have been available to her under Part 7 of the B.C. Insurance (Vehicle) Regulation. Schuk v. York Fire & Casualty Insurance Co.,  B.C.J. No. 2153, November ...
Insured’s claim for loss occasioned by leak of home heating fuel was excluded by terms of standard pollution exclusion clause. Courbould v. BCAA Insurance Corp.,  B.C.J. No. 2125, November 1, 2010, British Columbia Supreme Court, J.S. Sigurdson J.
Insureds denied coverage following fire loss for failure to disclose the existence of a wood-burning furnace to the insurer. Jackson v. Canadian Northern Shield Insurance Co.,  B.C.J. No. 2113, October 29, 2010, British Columbia Supreme Court, T.R. Brooke J.
British Columbia Supreme Court did not have jurisdiction to deal with dispute as to quantum between Plaintiff Insured and Defendant ICBC. 476605 B.C. Ltd. v. Insurance Corp. of British Columbia,  B.C.J. No. 1608, August 13, 2010, British Columbia Supreme Court, C.J. Ross J.
A decision under s. 79(1) of the Manitoba Public Insurance Corporation Act must be appealed to the Court of Queen’s Bench. Constantin v. Manitoba Public Insurance Corp.,  M.J. No. 254, August 20, 2010, Manitoba Court of Appeal, F.M. Steel and A.D. MacInnes JJ.A. and H.C. Beard J. (ad hoc)
Insured was entitled to no-fault benefits under the Manitoba Public Insurance Corporation Act following an accident involving a golf cart. Hruska v. Bridges Golf Club Ltd. (c.o.b. Bridges Golf Course),  M.J. No. 257, August 18, 2010, Manitoba Court of Queen’s Bench, B.L. Keyser J.
Ontario Court of Appeal upholds arbitrator’s decision as to which insurer had an obligation to pay benefits to an insured claimant. Wawanesa Mutual Insurance Co. v. Lombard Canada,  O.J. No. 3617, May 27, 2010, Ontario Court of Appeal, J.C. MacPherson, E.E. Gillese and R.A. Blair JJ.A.