Consultant does not owe duty to the plaintiffs who are adverse in interest to the insurer

10. January 2017 0
Consultant retained by insurance adjuster’s firm did not owe a duty of care to the insured. Insurance law – Adjusters – Consultants – Duties and liabilities – Releases – Policies and insurance contracts – Good faith, breach of – Practice – Settlement of action – Summary judgments, availability 3746292 Manitoba Ltd. v. Intact Insurance Co., [2016] ...

Insured’s claim that he was deprived of his mother’s care, guidance, and companionship due to insurer’s mishandling of claim was allowed to proceed

08. November 2016 0
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Insurance law – Automobile insurance – Actions – Benefits – Limitation of actions Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of ...

Limitation period began to run when the insured discovered or ought to have discovered she was unable to work full time

08. November 2016 0
Time to bring a claim against disability insurer started to run when insured learned or ought to have learned she was unable to work full time. Insurance law – Disability insurance – Total disability; Group insurance – Long term disability benefits; Limitation of actions – Running of limitation period Todd v. Felton Brushes Ltd., [2016] ...

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. ...