Structural damage resulting from parking lot repairs was faulty workmanship, which was excluded from coverage under multi-peril insurance policy

13. November 2018 0
Insurance law – Property insurance – Strata corporations – Multi-peril policy – Exclusions – Appeals – Standard of review Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2018] A.J. No. 1140, 2018 ABQB 674, Alberta Court of Queen’s Bench, September 19, 2018, R.J. Hall J. The insurer successfully appealed a Master’s decision finding ...

The title insurer was liable to indemnify the purchaser of a cottage containing latent structural deficiencies which flowed from an inadequate building process and made the home unsafe for occupancy

14. August 2018 0
Insurance law – Title insurance – Exclusions – Coverage – Latent defect Breen v. FCT Insurance Co., [2018] O.J. No. 3260, 2018 ONSC 3644, Ontario Superior Court of Justice, June 14, 2018, M.P. Eberhard J. The insured purchased a cottage in 1999, which had been built years earlier by a previous owner pursuant to a ...

Petitioners providing certain professional services relating to a construction project were held to be insureds under the terms of a professional liability policy, despite not being identified by name in either the policy or the application for insurance

14. August 2018 0
Insurance law – Liability insurance – Errors and omissions policy – Interpretation of policy – Notice Surespan Structures Ltd. v. Lloyd’s Underwriters, [2018] BCJ No. 1251, 2018 BCSC 1058, British Columbia Supreme Court, June 27, 2018, Winteringham, J. The petitioners, Surespan Structures Ltd. (“Surespan”) and HGS Limited (“HGS”), sought a declaration that they were insureds ...

A summary dismissal of a subrogated claim brought by a landlord’s insurer against a tenant for fire damage was upheld on appeal

Insurance law – Property insurance – Landlord and tenant – Subrogation – Right of insurer to subrogation – Practice – Appeals – Standard of review Youn v. 1427062 Alberta Ltd., [2018] A.J. No. 397, 2018 ABQB 241, Alberta Court of Queen’s Bench, March 27, 2018, C.L. Kenny J. The landlord owned commercial property that included ...

Breach of contract claim for failing to add party as an additional insured in contractor’s liability policy found to be time-barred

09. March 2018 0
A breach of contract claim for failing to add a party as an additional insured in a contractor’s liability policy was time-barred by virtue of the operation of Ontario’s Limitation Act. Insurance law – Liability insurance – Additional named insured – Duty to defend – Contracts – Privity of contract – Limitation of actions Brookstreet ...

Insurer obligated to contribute to defence costs and settlement in personal injury lawsuit where insured’s homeowner’s policy found not to operate as an excess liability policy

09. March 2018 0
An insured’s homeowner’s policy was held not to operate as an excess liability policy, obligating the insurer to contribute to defence costs and settlement respecting a lawsuit arising out of a fall that occurred after hours at the insured’s business premises. Insurance law – Homeowner’s insurance – Bodily injury – Corporate capacity – Excess liability ...

Ontario court finds hospital employee was acting under the direction of the Hospital for purposes of determining whether insurer owes duty to defend

12. December 2017 0
The insurer had a duty to defend a hospital employee who was sued for invasion of privacy allegedly arising out of the insured’s unauthorized access to medical records of a patient outside the insured’s circle of care. Insurance law – Liability insurance – Named insured – Duty to defend – Interpretation of policy Oliveira v. ...

BCCA upholds finding that homeowner’s policy excludes coverage for claims arising from bodily injury to any person residing in insured’s household

12. December 2017 0
A homeowner’s policy was found to exclude coverage for liability arising from a third party notice issued against an insured where the underlying action was for personal injuries brought by the insured’s son who resided with the insured. Insurance law – Homeowner’s insurance – Exclusions – Actions – Interpretation of policy; Practice – Appeals – ...