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,  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 ...
Insurer was obligated to pay a loss of rental income claim under a property insurance policy following a fire because the tenant was under no obligation to pay rent after the fire. 224981 Ontario Inc. v. Intact Insurance Co.,  O.J. No. 1416, 2016 ONSC 642, Ontario Superior Court of Justice, March 15, 2016, M.D. Faieta J.
Insured was held not to have known of the existence of a marijuana grow operation on her rented premises. Bahniwal v. Mutual Fire Insurance Co. of British Columbia,  B.C.J. No. 494, 2016 BCSC 422, British Columbia Supreme Court, March 10, 2016, B.M. Joyce J.
Municipal work orders do not need to be registered against title to affect the marketability of the property. MacDonald v. Chicago Title Insurance Co. of Canada,  O.J. No. 6350, 2015 ONCA 842, December 3, 2015, Ontario Court of Appeal, E.A. Cronk, C.W. Hourigan, M.L. Benotto JJ.A.
There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy. Funk v. Blue Cross Life Insurance Co.,  M.J. No. 294, November 20, 2015, Manitoba Court of Queen’s Bench, R.A. Dewar J.
Decision granting summary judgment dismissing insured’s action was upheld on basis that insured did not meet qualifying conditions of disability policy and commenced action more than two years after becoming aware of disability. Thompson v. Sun Life Assurance Co. of Canada,  O.J. No. 1195, March 12, 2015, Ontario Court of Appeal, E.A. Cronk, E.E. ...
Commercial general liability insurer was under obligation to defend insured in respect to claims relating to allegedly defective valves in HVAC units, which resulted in flooding. Versa Fittings and Manufacturing Inc. v. Berkley Insurance Co.,  O.J. No. 1378, March 19, 2015, Ontario Superior Court of Justice, G. Mew J.
Commercial general liability insurers are under duty to defend insured in third party claims and to share the costs on a proportionate basis. UPS Supply Chain Solutions Inc. v. Airon HVAC Service Ltd.,  O.J. No. 1360, March 18, 2015, Ontario Superior Court of Justice, W.M. Matheson J.
Damage caused to windows by cleaning company during construction of building was not covered by all-risk policy containing exclusion for cost of making good faulty workmanship. Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.,  A.J. No. 338, March 27, 2015, Alberta Court of Appeal, J.E.L. Côté, J. Watson and F.F. Slatter JJ.A.