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

15. April 2016 0
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 ...

Plaintiff’s Mileage Costs and Pain Program Costs Deducted from Damages Award as they Qualified for No Fault Benefits

20. October 2015 0
The plaintiff’s damages for mileage costs for using her vehicle to travel to and from medical and necessary physical therapy appointments as well as the cost of the plaintiff’s attendance at a pain program were deducted from her damages award as these amounts qualified for no fault benefits. Park v. Targonski, [2015] B.C.J. No. 1857, ...

Property Damage Claim Excluded for “Faulty Workmanship”

05. September 2014 0
The insured’s property damage claim under a homeowner’s policy for damage to her house alleged to have been caused by a contractor fell within the “faulty workmanship” exclusion of the insured’s insurance policy, which also excluded resulting damage from faulty workmanship. Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. 3509, June 27, 2014, Ontario ...