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 ...
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] ...
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 ...
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 – ...
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 ...
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 ...
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., [2016] 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, [2016] 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, [2015] 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.
