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

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. Insurance law – Policies and insurance contracts – Misrepresentation in obtaining insurance C.H. Robinson Worldwide ...

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

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Insurance law – Agents and brokers – Duties and liabilities of agent – Errors and omissions policies 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. ...

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

15. April 2016 0
An insured landowner’s appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. Insurance law – Property insurance – Vandalism – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – Definition – Imminent peril Garden View Restaurant Ltd. v. Portage La Prairie ...

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. Insurance law – Homeowner’s insurance – Property insurance – Remediation – Policies and insurance contracts – Interpretation of policy – Exclusions – Building – definition Snow v. Royal ...

Regulation capping benefits for attendant care services provided by a family member at economic loss sustained by that family member did not apply retrospectively

21. December 2015 0
Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Attendant care – Statutory provisions – interpretation – Retrospective application of legislation Davis v. Wawanesa Mutual Insurance Co., [2015] O.J. No. 5571, October 27, 2015, Ontario Superior Court of Justice, E. Quinlan J.

The dismissal of an insurer’s subrogated claim against an unnamed insured was upheld on appeal

21. December 2015 0
Insurance law – Automobile insurance – Homeowner’s insurance – Subrogation – Right of insurer to subrogation – Policies and insurance contracts – Unnamed insured – Multiple policies – Apportionment and contribution of claim Rochon v. Rochon, [2015] O.J. No. 5788, November 6, 2015, Ontario Court of Appeal, J.M. Simmons, G.J. Epstein and G.I. Pardu JJ.A.

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. Insurance law – Automobile insurance – Benefits ...

A third party insurer’s duty to defend the additional insured municipality was limited to defending the claims insured and did not include those parts of an action that alleged negligence by the municipality or its employees

Insurance law – Liability insurance – Commercial general liability insurance – Interpretation of policy – Duty to defend – Additional named insured Carneiro v. Durham (Regional Municipality), [2015] O.J. No. 1842, 2015 ONSC 2427, Ontario Superior Court of Justice, April 15, 2015, G.D. Lemon J. The applicant municipality sought an order that its snow removal ...

The contractual limitation period for an insured to sue on a breach of the insurance policy, which provided coverage for damages involving an unidentified automobile, did not begin to run until the insured’s demand for coverage was denied

Insurance law – Automobile insurance – Unidentified motorist – Limitation of actions – Running of limitation period – Statutory provisions Tucker v. Unknown Person; Tucker v. AXA General Insurance, [2015] N.J. No. 129, 2015 NLCA 21, Newfoundland and Labrador Supreme Court – Court of Appeal, April 21, 2015, J.D. Green C.J.N.L., B.G. Welsh, M. Rowe, ...