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 ...

An insured is not entitled to keep all of an advance paid by the insurer when it is subsequently determined that the amount paid was in excess of the loss suffered

11. September 2018 0
Insurance law – Property insurance – Valuation of property – Actual cash value – Duty to indemnify – Appeals Gore Mutual Insurance Co. v. Carlin, [2018] O.J. No. 3696, 2018 ONCA 628, Ontario Court of Appeal, July 11, 2018, K.N. Feldman, C.W. Hourigan and D.M. Brown JJ.A. The insurer advanced $750,000 to the insured to ...

Although the insured informed the insurer of criminal allegations of sexual assault eight months after becoming aware of the allegations, the notice was sufficient because it was made as soon as practicable based on the information available at the time

11. September 2018 0
Insurance law – Liability insurance – Notice – Duty to defend – Relief against forfeiture – Interpretation of policy Toronto District School Board v. Ontario School Boards’ Insurance Exchange, [2018] O.J. No. 3689, 2018 ONSC 4198, Ontario Superior Court of Justice, July 11, 2018, C.J. Brown J. The insurer denied coverage to the insured school ...

The actual cash value of a ring was held to be the replacement cost without any deduction as the policy did not set out how such a deduction would be calculated and there was no evidence the ring had depreciated in value

12. June 2018 0
Insurance law – Homeowner’s insurance – Interpretation of policy – Damages – Actual cost vs replacement cost Machtinger v. CAA Insurance Co., [2018] O.J. No. 1950, Not available, Ontario Superior Court of Justice – Small Claims Court, April 11, 2018, A. Davis Deputy J. The insured was paid only the actual cash value, as calculated ...