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. Insurance law – Title insurance – Interpretation of policy Small v. Chicago Title Insurance Co., [2016] O.J. No. 3131, 2016 ONSC 3876, Ontario Superior ...

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 law – Automobile insurance – Actions – Intentional acts – Vandalism – Joint and several liability – Conversion – Damages – Punitive damages Insurance Corp. of British Columbia v. Alexander, [2016] ...

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. Insurance law – Commercial general liability insurance – Advertising injury – Intellectual property – Duty to defend – Exclusions Royal & Sun Alliance ...

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. Insurance law – Policies and insurance contracts – Multi-peril policy – Property insurance – Damages – Statutory conditions – Mandatory appraisal – Bad faith – Limitation of actions – ...

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. Insurance law – Automobile insurance – Coverage – Underinsured motorist – Interpretation of policy – Statutory provisions – Jurisdiction – ...

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. Insurance law – Automobile insurance – Unidentified motorist 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. ...

Marketability of a property is affected by municipal work orders even if they are not registered against title of the property

19. January 2016 0
Municipal work orders do not need to be registered against title to affect the marketability of the property. Insurance law – Title insurance – Policies and insurance contracts – Interpretation of policy – Coverage – Indemnity – Municipal work orders – Ownership of property MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, 2015 ...