Plaintiff landlord precluded from claiming against defendant tenant for losses arising from a fire due to a covenant to insure in the lease. Property insurance; Fire insurance; Landlord and tenant; Subrogation Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2017] O.J. No. 3493, 2017 ONSC 3982, Ontario Superior Court of Justice, July 5, ...
A general statement of the purpose of an examination under oath is sufficient notice under s. 33(2) of the Statutory Accident Benefits Schedule under Ontario’s Insurance Act. Automobile insurance; Statutory Accident Benefits Schedule; Appeals; Policies and insurance contracts; Rights and duties of insurer; Statutory provisions Aviva Insurance Co. of Canada v. McKeown, [2017] O.J. No. 3482, ...
Insured entitled to coverage under Alberta Standard Automobile Policy SPF #1 – SEF No. 44 Family Protection Endorsement following accident involving an unidentified vehicle. Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy; Practice – Summary judgment vs. trial Funk v. Wawanesa Mutual Insurance Co., [2017] A.J. No. 468, 2017 ABQB 308, Alberta Court of ...
Court not required to determine whether plaintiff’s injuries meet prescribed threshold for non-pecuniary general damages and health care costs under s. 267.5(15) of the Insurance Act if amount awarded for pain and suffering is zero. Insurance law – Automobile insurance – Statutory provisions – Non-pecuniary damages – Threshold requirement; Damages; Actions Grajqevci v. Rustaie, [2017] O.J. No. ...
Use of an endorsement form not approved under s. 227(1) of the Insurance Act does not necessarily invalidate an agreement between the parties about exclusion from insurance coverage. Insurance law – Automobile insurance – Exclusions – Uninsured motorist – Duty to defend – Statutory provisions; Appeals Royal & Sun Alliance Insurance Co. of Canada v. Intact Insurance ...
Summary judgment not appropriate for dispute regarding proof of loss when there are credibility issues requiring a full trial to explore. Insurance law – Property insurance – Proof of loss; Practice – Summary judgments; Evidence – Legal vs. evidentiary burden Gebara v. Economical Insurance Group, [2017] O.J. No. 458, 2017 ONSC 801, Ontario Superior Court ...
Loss transfer provisions of the Fault Determination Rules apply to vehicles in motion even if the collision involves a vehicle that was not in motion. Insurance law – Automobile insurance – No-fault accident benefits – Loss transfer provision – Statutory Accident Benefits Schedule; Practice – Leave to appeal; Arbitration – Enforcement of award Kingsway General ...
Punitive damages awarded against insurer for failure to pay property claim in timely fashion. Insurance law – Property insurance – Business interruption – Loss of profits; Policies and insurance contracts – Breach of policy – Good faith, breach of; Duties and liabilities of insurer – Delay; Damages – Income loss – Punitive damages J.I.L.M. Enterprises ...
Insured made reasonable efforts to ascertain identity of hit-and-run drivers involved in motor-vehicle collision. Insurance law – Automobile insurance – Unidentified motorist – Leaving accident scene – Statutory provisions – Nominal defendant; Practice – Summary judgments Rieveley v. Doe, [2017] B.C.J. No. 227, 2017 BCSC 202, British Columbia Supreme Court, January 11, 2017, DeWitt‑Van Oosten ...
