The builder’s risk policy only covered damage to property which was under construction, not the resulting damage to other property on the premises

11. June 2019 0
Insurance law – Commercial general liability insurance – Builder’s risk policy – Exclusions – Interpretation of policy – Practice – Summary judgments Pre-Eng Contracting Ltd. v. Intact Insurance Co., [2019] O.J. No 1812, 2019 ONSC 1700, Ontario Superior Court of Justice, April 10, 2019, P. Bawden J. The insured’s builder’s risk insurer and commercial general liability ...

The commercial general liability policies only applied to property damage occurring during the policy period and the pollution exclusion excluded damage to adjacent property as a result of the migration of pollutants from the insured’s property

11. June 2019 0
Insurance law – Commercial general liability insurance – Occurrence policy – Property damage – Pollution exclusions – Duty to defend – Rights and duties of insurer – Interpretation of policy – Costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2019] B.C.J. No. 550, 2019 BCCA 110, British Columbia Court of Appeal, April 5, 2019, ...

A pedestrian qualified for coverage under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse for regular use at the time the pedestrian was struck by a motor vehicle

08. March 2019 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Interpretation of policy – Excess liability Murphy v. Savoie, [2019] O.J. No. 72, 2019 ONSC 121, Ontario Superior Court of Justice, January 8, 2019, E.M. Morgan J. A pedestrian who was struck by a motor vehicle sought coverage under an insurance policy which covered ...

Two insurance policies had the same “other insurance” clauses which made the policies excess insurance when other insurance was applicable. The two insurers were required to share equally in the defence and indemnity of the insured.

08. March 2019 0
Insurance law – Homeowner’s insurance – Multiple policies – Overlapping policies – Different insurer – Interpretation of policy – Exclusions – Excess liability – Duty to defend – Practice – Appeals TD General Insurance Co. v. Intact Insurance Co., [2019] O.J. No. 60, 2019 ONCA 5, Ontario Court of Appeal, January 9, 2019, R.G. Juriansz, ...

The insurer’s denial of coverage for an Intellibed Mattress was not improper and accordingly a bad faith claim could not succeed

08. March 2019 0
Insurance law – Automobile insurance – Interpretation of policy – Statutory provisions – Independent medical examination – Bad faith – Practice – Summary judgments Rahall v. Intact Insurance Co., [2019] A.J. No. 82, 2019 ABPC 11, Alberta Provincial Court, January 15, 2019, S.L. Corbett Prov. Ct. J. The insurer denied coverage for an Intellibed Mattress ...

An insurer that funded an insured’s defence without raising coverage issues until the litigation was “well advanced” was estopped from denying coverage despite a potentially applicable exclusion

11. December 2018 0
Insurance law – Liability insurance – Homeowner’s policy – Exclusions – Personal injury – Duty to defend – Waiver – Estoppel Commonwell Mutual Assurance Group v. Campbell, [2018] O.J. No. 5152, 2018 ONSC 5899, Ontario Superior Court of Justice, October 4, 2018, C.U.C. MacLeod J. In April 2015, the insured was sued following a collision ...

In order to determine the first-loss insurer for a motor vehicle accident, one only needs to look at the rental agreement for a leased vehicle

11. December 2018 0
In order to determine the first-loss insurer for a motor vehicle accident, one only needs to look at the rental agreement for a leased vehicle. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., [2018] O.J. No. 5018, 2018 ONSC 5778, Ontario ...

Wrongful denial of coverage did not constitute bad faith

11. December 2018 0
Insurance law – Property insurance – Landlord and tenant – Coverage – Bad faith – Duties and liabilities of insurer – Delay 688857 Ontario Ltd. (c.o.b. A to Z Properties) v. Aviva Insurance Co. of Canada, [2018] O.J. No. 5269, 2018 ONSC 5891, Ontario Superior Court of Justice, October 11, 2018, D.G. Stinson J. The ...

Coverage was granted to a residence employee who was engaged to provide services for the named insureds’ rental business on the insured property when the rental was declared on the policy

11. September 2018 0
Insurance law – Liability insurance – Exclusions – Interpretation of policy – Rights and duties of insurer – Multiple policies – Different insurer Economical Mutual Insurance Co. v Optimum West Insurance Co., [2018] B.C.J. No. 1312, 2018 BCSC 1116, British Columbia Supreme Court, July 5, 2018, G.S. Funt J. Economical insured D. Wong and acknowledged ...