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 ...

Dismissal of Insureds Claim for Disability Benefits was Upheld on Appeal

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. Insurance law – Disability insurance – Long term disability benefits – Proof of disability – Policies and insurance contracts – Limitation of ...

Insurer Had a Duty to Defend Claims for Defective HVAC Valves Resulting in Flooding

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. Insurance law – Commercial general liability insurance – Multiple policies – Duty to defend – Property damage – Pleadings – Underlying action Versa Fittings and Manufacturing Inc. v. Berkley ...

Damage to Windows During Cleaning Amounted to Making Good Faulty Workmanship

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. Insurance law – All-risk insurance – Property insurance – Policies and insurance contracts – Coverage – Interpretation of policy – Exclusions – Defective workmanship – Resulting damage Ledcor Construction ...

Action On Critical Illness Insurance Dismissed As Signs of Cancer Appeared Within 90 Days of Policy

21. October 2014 0
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 ...