Trickery and fraud exclusion clause of homeowner’s policy applied: coverage was denied for fraudulent scheme

14. December 2016 0
The insured sought coverage under a homeowner policy after suffering a financial loss as a result of her voluntary participation in what turned out to be a fraudulent scheme. The denial was upheld at trial on the basis of the trickery and fraud exclusion. Insurance law – Homeowner’s insurance – Policies and insurance contracts – ...

BC Court of Appeal held that insurer’s settlement demands letter didn’t constitute confirmation of a cause of action

19. September 2016 0
A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period.  A summary trial decision dismissing the action as statute barred was upheld on ...

Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Unifund Assurance Co. v. Security National Insurance Co., [2016] O.J. No. 1855, 2016 ONSC 2334, Ontario Superior Court of Justice, April 6, 2016, R.F. Goldstein J. ...

Evidence did not establish arson on a balance of probabilities

The insureds successfully sued for indemnity after the insurer had denied liability on the basis of arson.  While the evidence raised a real and viable concern about exclusive opportunity, the preponderance of the evidence did not establish arson on a balance of probabilities. Roy v. TD Home and Auto Insurance Co., [2016] M.J. No. 3, 2016 MBQB ...