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 ...

Insured received coverage from automobile policy for an injury sustained when he was pushed while closing his van’s sliding door

12. June 2018 0
Insurance law – Automobile insurance – Ownership, use or operation of motor vehicle – Statutory Accident Benefits Schedule – Practice – Appeals – Standard of review North Waterloo Farmers Mutual Insurance Co. v. Samad, [2018] O.J. No. 1775, 2018 ONSC 2143, Ontario Superior Court of Justice, April 4, 2018, G.P. Smith, J.A. Thorburn and W.M. ...

Insurance coverage for mortgage fraud was not excluded where the mortgage proceeds were paid to the borrower’s lawyer despite an exclusion clause where payment of mortgage proceeds was made to any person or entity other than the borrower

12. June 2018 0
Insurance law – Mortgage insurance – Exclusions – Fraud – Interpretation of policy – Practice – Appeals Nodel v. Stewart Title Guaranty Co., [2018] O.J. No. 1872, 2018 ONCA 341, Ontario Court of Appeal, April 9, 2018, G.J. Epstein, D. Paciocco and I.V.B. Nordheimer JJ.A. The insured was a private mortgage lender and the victim ...

The insured sought coverage under his Ontario automobile insurance policy following an accident on an uninsured ATV in British Columbia. The ATV was not covered by the policy because the ATV was not an “automobile” under the Ontario policy.

12. June 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Automobile – definition – Interprovincial issues – Practice – Appeals – Standard of review Benson v. Belair Insurance Co., [2018] O.J. No. 1883, 2018 ONSC 2297, Ontario Superior Court of Justice, April 9, 2018, G.B. Morawetz R.S.J., J.A. Thorburn and E.R. Tzimas JJ. The ...

The insurer was not acting in bad faith or in breach of the terms of the policy when it discontinued coverage after the insured refused to attend a medical examination without being able to video record the examination

12. June 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Independent medical examination – Bad faith – Breach of policy Greenidge v. Allstate Insurance Co., [2018] A.J. No. 416, 2018 ABQB 266, Alberta Court of Queen’s Bench, April 6, 2018, K.G. Nielsen J. The insured refused to attend an independent medical examination arranged by ...

If notifying an insured of cancellation of coverage by registered mail, the onus to prove that the mail reached the post office is on the insurer

12. June 2018 0
Insurance law – Automobile insurance – Cancellation of policy, time cancellation in effect – Rights and duties of insurer – Interprovincial issues McBrien v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 611, 2018 BCSC 553, British Columbia Supreme Court, April 6, 2018, L.A. Warren J. Following a motor vehicle accident, the insurer argued it ...

Strata building sprinkler system held to be a plumbing delivery and distribution system, and therefore defects in material and labour for the sprinkler system enjoyed a two year warranty

09. March 2018 0
The strata building sprinkler system was held to be a plumbing delivery and distribution system, and therefore defects in material and labour for the sprinkler system enjoyed a two year warranty. Insurance law – Homeowner warranty insurance – Coverage – Expired policy – Property – Strata Corporations Strata Plan 4249 v. Travelers Insurance Co. of Canada, ...