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 ...

Insured who suffered injury two days prior to expiration of waiting period was not entitled to benefits under a Group insurance policy

19. January 2016 0
There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy. Insurance law – Accident and sickness insurance – Group insurance – Interpretation of policy – Benefits – Waiting period – Total disability – Entitlement to benefits – Disability insurance – Exclusions Funk ...

Insurer has a duty to defend insured in an action brought against insured with respect to alleged negligent manufacture of trusses

Insurance law – Commercial general liability insurance – Pleadings – Underlying action – Duty to defend – Coverage – Property damage – Occurrence – Accident – definition – Defective workmanship Selk Ventures Corp. v. Canadian Northern Shield Insurance Co., [2015] B.C.J. No. 1173, 2015 BCSC 964, British Columbia Supreme Court, June 5, 2015, T.M. McEwan J. ...

Condominum policy insuring against damage to common property and units within the building covers water damage necessitating repairs to interior surfaces of unit such as paint and flooring

Insurance law – Property insurance – Policies and insurance contracts – Strata corporations – Bylaws – Adjacent units – Unit – definition – Interpretation of policy – Statutory provisions – Exclusions Alberta Residential Corp. v. Certain Lloyd’s Underwriters Subscribing to Authority Agreement no. YF091589, [2015] A.J. No. 618, 2015 ABCA 195, Alberta Court of Appeal, June ...

Future CPP benefits were deductible from award under SEF 44 endorsement in motor-vehicle insurance policy

Insurance law – Automobile insurance – Damages – Benefits – Deductibility Portage LaPrairie Mutual Insurance Co. v. Sabean, [2015] N.S.J. No. 230, 2015 NSCA 53, Nova Scotia Court of Appeal, June 4, 2015, D.R. Beveridge, M.J. Hamilton and J.E. Scanlan JJ.A. The Nova Scotia Court of Appeal considered whether future Canada Pension Plan disability benefits were ...

Insureds residing in Ontario and injured in motor-vehicle accident in New York State were not entitled to bring action in Ontario against other driver, a resident of New York State

Insurance law – Automobile insurance – Jurisdiction – Location of contract – Conflict of laws – Choice of law – Forum of necessity Romanko v. Nettina, [2014] O.J. No. 6491, 2014 ONSC 5153, Ontario Superior Court, September 8, 2014, S.T. Bale J. The insureds Ontario residents were injured in a motor-vehicle accident while driving in ...