A duty to defend an insured is generally not broader than a duty to indemnify. An insured may choose their own counsel to defend a claim if there is a coverage dispute.

25. March 2008 0
An insurer was sued by a person who suffered injuries as a result of mold and bacteria.  The insured was denied coverage under his CGL policy, which stated that coverage was not provided for damages arising from mold.  The insured was obligated to defend the insured because all of the damages could have been attributed to ...

A propane tank explosion in a parked car caused by cigarette smoking is covered by automobile insurance as the damage arose from the use or operation of an automobile.

19. March 2008 0
In Manitoba, the law with respect to “use or operation” of an automobile in the context of no-fault insurance has not been changed by the recent Supreme Court of Canada decisions of Lumbermens Mutual Casualty Co. v. Herbison, 2007 SCC 47, and Citadel General Assurance Co. v. Vytlingham, 2007 SCC 46.  The test to be ...

A builder’s risk policy provides coverage to an entire structure, even if the builder is only providing an extension to a large existing structure

29. January 2008 0
When a contractor expands an existing structure, the contractor’s insurance extends to the entire existing structure, such that an explosion caused by a contractor working on the expansion, that damages the existing the structure, is covered by the contractor’s insurance. Medicine Hat College v. Starks Plumbing & Heating Ltd., [2007] A.J. No. 1337, Alberta Court ...

Ontario automobile insurers have a right to ask a wide range of questions from an insured pursuant to their contract of insurance. These rights continue even when litigation has been commenced against them by their insured.

27. January 2008 0
Mr. Baig insured his car.  It was damaged and he made a claim of insurance.  The insurer refused to pay the claim so Mr. Baig commenced an action against his insurer to compel payment.  The insurer attempted to examine Mr. Baig pursuant to Statutory Condition 6(4) of the policy of insurance.  Mr. Baig refused to ...

In determining whether an insurer has an obligation to defend an insured, the court may not look beyond the pleadings. A court should not look beyond the pleadings if the extrinsic evidence is contentious and may effect the underlying action.

25. January 2008 0
A general contractor had a commercial general liability insurance that contained a clause that excluded coverage for property damage caused by the general contractor.  The property being developed suffered substantial damages and the developer sued the general contractor and a number of sub contractors.  A contentious issue was whether one of defendants was a sub ...

A go-kart is not an automobile. Car insurance does not provide coverage to an insured involved in a go-kart accident.

20. January 2008 0
A man insured under a standard Ontario automobile insurance policy injured his son while go-karting. His son sued him and the operator of the go-kart track for injuries suffered in the accident.  The father sued his automobile insurer for coverage under his automobile policy.  A motion’s judge determined that a go-kart did not constitute an ...

An insured can choose which tortfeasor to claim from to maximize her entitlement to insurance benefits

26. November 2007 0
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...