Faulty workmanship exclusion does not encompass resulting damage

08. November 2016 0
Faulty workmanship exclusion in builder’s risk policy excludes only the actual cost of redoing the faulty work. Insurance law – All-risk insurance – Builder’s risk policy – Policies and insurance contracts – Coverage – Exclusions – Interpretation of policy – defective workmanship – Resulting damage – Contra proferentum rule; Appeals – Standard of review Ledcor ...

The insurer agreed to indemnify Ontario lawyers acting for transferees and chargees from and against any claims arising under a title insurance policy

18. August 2016 0
Title insurance provider was required to indemnify a lawyer for costs in defending a claim arising under title insurance policy pursuant to indemnity obligation set out in correspondence with Law Society of Upper Canada. Small v. Chicago Title Insurance Co., [2016] O.J. No. 3131, 2016 ONSC 3876, Ontario Superior Court of Justice, June 15, 2016, R.A. Lococo J. The insureds ...

Liability for damage to vehicles during Stanley Cup riot was not joint and several

18. August 2016 0
Participants in Stanley Cup Riot were not jointly and severally responsible for all the damage caused to vehicles insured by ICBC during the riot. Insurance Corp. of British Columbia v. Alexander, [2016] B.C.J. No. 1252, 2016 BCSC 1108, British Columbia Supreme Court, June 16, 2016, E.M. Myers J. The Insurance Corp. of British Columbia (“ICBC”) brought an action against multiple ...

Coverage for “advertising injury” was not clearly excluded in a trademark infringement claim

18. August 2016 0
In a trademark infringement claim coverage for “advertising injury” was not clearly excluded by “Expected or Intended Advertising Injury or Personal Injury” or “Intellectual Property Laws Or Rights” exclusions in liability policy. Royal & Sun Alliance Insurance Co. of Canada v. Chubb Insurance Co. of Canada, [2016] O.J. No. 3348, 2016 ONSC 3927, Ontario Superior Court of Justice, June ...

Appraisal process barred further litigation of insurance indemnity claims

18. August 2016 0
Insureds’ claims for indemnity under insurance policies were barred because of the previous appraisal process under Statutory Condition 11 and Section 128 of the Insurance Act. DK Manufacturing Group Ltd. (c.o.b. D.K.M.G.) v. Co-operators General Insurance Co., [2016] O.J. No. 3291, 2016 ONSC 3983, Ontario Superior Court of Justice, June 20, 2016, D.G. Stinson J. The insureds were related companies. ...

Ontario court determines insured’s claim for “underinsured” coverage under Family Protection Coverage endorsement

A statutory cap on damages recoverable in a motor vehicle accident results in an insured being “underinsured” pursuant to the OPCF 44R Family Protection Coverage endorsement in Ontario to the extent damages exceed that cap. Hartley v. Security National Insurance Co., [2016] O.J. No. 1336, 2016 ONSC 1812, Ontario Superior Court of Justice, March 14, 2016, G.E. Taylor J. The insureds were ...

Claim for unidentified motorist’s coverage denied under insured’s policy of motor vehicle insurance

On summary judgment application court dismissing insured’s claim for coverage under the unidentified driver provisions of his policy of motor vehicle insurance. Ding (Litigation Guardian of) v. John Doe, [2016] O.J. No. 1393, 2016 ONSC 1690, Ontario Superior Court of Justice, March 15, 2016, S.N. Lederman J. The action arose out of a motor vehicle accident. The insured sought damages from his insurer pursuant ...