Insurance law – Homeowner’s insurance – Right of insurer to subrogation – Practice – Appeals Douglas v. Stan Fergusson Fuels Ltd., [2018] O.J. No. 1266, 2018 ONCA 192, Ontario Court of Appeal, March 9, 2018, A. Hoy, A.C.J.O., P.S. Rouleau, C.W. Hourigan, M.L. Benotto and L.B. Roberts JJ.A. An insurer brought a subrogated action in ...
Insurance law – Life insurance – Terms of policy – Rectification – Practice – Appeals Alguire v. Manufacturers Life Insurance Co. (c.o.b. Manulife Financial), [2018] O.J. No. 1099, 2018 ONCA 202, Ontario Court of Appeal, March 1, 2018, K.N. Feldman, E.A. Cronk and C.W. Hourigan JJ.A. The insured appealed from the dismissal of his action ...
Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies. Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Costs – Special costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2017] B.C.J. No. 2670, ...
Mortgagor’s claim to proceeds of fire loss paid out under standard mortgage clause took priority over CRA’s claim due to mortgagee’s tax liability Insurance law – Mortgages – Standard mortgage clause – Priority coverage Travelers Canada v. Elite Builders Inc., [2017] N.J. No. 432, 2017 NLTD(G) 214, Newfoundland and Labrador Supreme Court – Trial Division ...
Insured’s soft-tissue injuries did not amount to “permanent serious impairment of an important physical, mental, or psychological function” and therefore award of general damages by jury disallowed. Insurance law – Automobile insurance – Unidentified motorist – Statutory obligations – Damages – Permanent impairment, definition – Damages – Jury trials Nadarajah v. Aviva Canada Inc., [2017] O.J. No. ...
Appeal from partial summary judgment in which court made a declaration relating to the interpretation of a section of a banker’s comprehensive liability policy allowed. Insurance law – Liability insurance – Directors and officers liability insurance – Interpretation of policy – Statutory provisions – Practice – Appeals – Summary judgments TD Bank N.A. v. Lloyd’s Underwriters, ...
Insured entitled to indemnity under her policy of insurance for any claims or losses arising out of two accidents in which her motor vehicle was involved. Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, ...
Insurer found to have duty to defend insured in third party proceedings in which it was alleged the insured had breached its contract with the defendant, the Court finding the plaintiff’s claim against the defendant was in negligence and therefore the third party claim could be established on the grounds of negligence. Insurance law – ...
Insurer found not to have a duty to defend the insureds in an action in which it was alleged they supplied defective grape vines based on three exclusions in a “Business Choice” commercial general liability policy Insurance law – Commercial general liability insurance – Duty to defend – Exclusions; Damages Mori-Vines Inc. v. Northbridge General ...
