The court cannot rely on legislative intent of another province to manufacture ambiguity in an otherwise unambiguous exclusion clause

10. April 2018 0
Insurance law – Automobile insurance – Interpretation of policy – Exclusions – Consent to drive – Contra proferentum rule – Practice – Appeals – Standard of review Cardinal v. Alberta Motor Association Insurance Co., [2018] A.J. No. 195, 2018 ABCA 69, Alberta Court of Appeal, February 21, 2018, P.T. Costigan, B.K. O’Ferrall, T.W. Wakeling JJ.A ...

Despite insured’s insurable interest in property held as collateral pursuant to a promissory note, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy

13. February 2018 0
An insured has an insurable interest in property held as collateral pursuant to a promissory note. However, in the present case, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy. Insurance law – Property insurance – Insurable interest – Promissory estoppel – Exclusions – Damages Windsor v. ...

Failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim

13. February 2018 0
A failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim. Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Exclusions – Underinsured motorist – Uninsured motorist – Actions – Abuse of process – Practice – Settlement ...

Application judge’s reasons are inadequate and do not permit meaningful appellate review in duty to defend coverage issue

15. November 2017 0
In determing whether the duty to defend has been triggered, the chambers judge must provide adequate reasons that permit meaningful appellate review. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Interpretation of policy; Practice – Leave to appeal; Actions – Vicarious liability National Gallery of Canada v. ...

Ontario Court of Appeal rules Minnesota is an “Inadequately Insured Motorist”

15. November 2017 0
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy; Practice – Leave to appeal – Standard of review; Damages ...

Nova Scotia Court of Appeal upholds finding that “reckless” pre-contractual misrepresentations made by insured are not excused by the errors and omissions endorsement; reverses finding of liability against broker on basis that trial judge erred in formulating standard of care

08. August 2017 0
An errors and omissions endorsement does not relieve an insured of material misrepresentations made at the time of application for insurance. Fire insurance; Coverage; Interpretation of policy; Misrepresentation in obtaining insurance; Agents and brokers; Duties and liabilities of agent Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2017] N.S.J. No. 235, ...

Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim

08. August 2017 0
Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim. Group insurance; Long term disability benefits; Total disability; Statutory provisions; Damages; Tort claims; Summary judgments Wilken v. Sun Life Assurance Co., [2017] O.J. No. 3019, 2017 ONSC 3609, Ontario Superior Court of Justice, June 12, ...

Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle

08. August 2017 0
Negligent unloading of a motor vehicle is covered by an auto insurance policy as it relates to the insured’s use and operation of the vehicle. Automobile insurance; Ownership of vehicle; Duty to defend; Interpretation of policy; Summary judgments Hoang (Litigation guardian of) v. Personal Insurance Co. of Canada, [2017] O.J. No. 3061, 2017 ONSC 3649, ...