Insurer Entitled to Decline to Defend the Insured Lawyer

05. March 2014 0
Errors & Omissions Insurer entitled to decline a defence to its insured, a lawyer, on the basis of a notwithstanding clause which allowed it to decline to defend an insured on the basis of a reasonable investigation rather than on the basis of the pleadings. Juroviesky and Ricci LLP v. Lawyers Professional Indemnity Co., [2014] ...

Insureds who Chose to Move After House Fire not Entitled to Replacement Cost on Buildings

05. March 2014 0
In Willoughby v. Pilot Insurance Co., the insurer provided home insurance on the insureds’ home, which was destroyed by fire. The insurance policy included a Guaranteed Replacement Cost on Buildings (“GRC”) endorsement. After the fire, the insureds decided not to rebuild or repair the fire-damaged home. Instead, they purchased a home in another location and moved there. In ...

Insurer was Obligated to Pay for Insured’s Full-Time Care, not just for Care Provided During Regular Working Hours

02. October 2013 0
Insurer obligated to pay for insured’s full-time care under Ontario Statutory Accident Benefits Schedule—Effective September 1, 2010, and not just for care provided during the 40 hours per week when the insured’s mother would have been working but for the accident. Henry v. Gore Mutual Insurance Co., [2013] O.J. No. 3792, July 16, 2013, Ontario ...