BCSC exercises its discretion to award costs on a full indemnity basis in LTD insurance dispute

14. March 2017 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
The plaintiff insured was awarded solicitor-client costs against the defendant disability insurer. Insurance law – Disability insurance – Long term disability – Terms of policy – Rights and duties of insured; Costs – Special or increased costs; Third party action Tanious v. Empire Life Insurance Co., [2017] B.C.J. No. 85, 2017 BCSC 85, British Columbia Supreme Court, January 19, ...

Insurer has duty to defend in pollution exclusion claim

14. March 2017 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
Because the pleading did not allege sufficient facts about how the pollution escaped from the insured’s underground storage tanks, there was a possibility that the claim fell within the exception to the pollution exclusion clause and the insurer had a duty to defend the insured. Insurance law – Commercial general liability insurance – Umbrella policies ...

Perishable food items were included in coverage for losses caused by power outage when a tree fell on insured’s house

14. December 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
An insured’s claim for food spoilage as a result of a power outage was covered under the policy of insurance, while the claim for damage to her motor vehicle and house trailer was not. West v. Canadian Direct Insurance, [2016] B.C.J. No. 2165, 2016 BCSC 1903, British Columbia Supreme Court, October 17, 2016, L.D. Russell ...

Canada Pension Plan disability payments are not income for the purposed of survivor benefits calculations

19. September 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Holtby-York v. Saskatchewan Government Insurance, , [2016] S.J. No. 412, 2016 SKCA 95, August 3, 2016, R.G. Richards C.J.S., R.K. Ottenbreit and J.A. Ryan-Froslie JJ.A. ...

Plaintiff failed to meet its burden to establish coverage under title insurance policy

19. September 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
The plaintiff’s claim to recover on a title insurance policy for losses it allegedly incurred after it foreclosed on a mortgage was dismissed. Hercules Moulded Products Inc. v. Foster, [2016] O.J. No. 3998, 2016 ONSC 4967, July 14, 2016, S.N. Lederman J. The plaintiff advanced a loan which was secured by a mortgage charge against ...

Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

14. July 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp., [2016] O.J. No. 2505, 2016 ONCA 364, Ontario Court ...

Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

14. July 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. Dow J. The insured requested his broker, which held binding authority for the insurer, to change the ...

Oil leaking to the soil under the premises was not an imminent peril

15. April 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
An insured landowner’s appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. Garden View Restaurant Ltd. v. Portage La Prairie Mutual Insurance Co., [2016] N.S.J. No. 55, 2016 NSCA 8, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, 2016

Soil under the house was not insured property under homeowner’s policy

15. April 2016 0
Error: Unable to create directory wp-content/uploads/2017/06. Is its parent directory writable by the server?
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Snow v. Royal Sun Alliance Insurance Co. of Canada, [2016] N.S.J. No. 54, 2016 NSCA 7, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, ...