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., [2015] 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, [2015] 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., [2015] 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., [2015] 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., [2015] A.J. No. 338, March 27, 2015, Alberta Court of Appeal, J.E.L. Côté, J. Watson and F.F. Slatter JJ.A.
Insured’s action against insurer on a policy of critical illness insurance was dismissed on the basis that the insured’s cancer showed signs of developing within 90 days of the effective date of the policy thereby triggering a 90-day exclusion clause. MacQuarrie v. National Bank Life Insurance Co., [2014] O.J. No. 4130, February 27, 2014, Ontario ...
Third party notice issued by owner of motor vehicle against renter was sufficient to require insurer of renter to respond first to claim arising out of a motor vehicle accident, notwithstanding that the plaintiff only named the owner as a defendant. Elias v. Koochek, [2014] O.J. No. 4125, September 8, 2014, Ontario Superior Court of ...
Defendant certified financial planner was not covered under a general liability policy in respect to a claim arising from the plaintiffs’ investment in a specific project, which turned out to be a fraudulent scheme. Yanaky v. Arch Insurance (Canada), [2014] O.J. No. 3951, August 27, 2014, Ontario Superior Court of Justice, S.E. Firestone J.
Award of punitive damages upheld but award of mental distress damages was reduced on appeal from judgment against insurer for failure to pay disability benefits. Fernandes v. Penncorp Life Insurance Co., [2014] O.J. No. 4039, September 2, 2014, Ontario Court of Appeal, R.B. Juriansz, S.E. Pepall and K.M. van Rensburg JJ.A.
