Insurer had no direct entitlement to the proceeds of an After the Event policy insuring against the risk of legal costs and disbursements

09. April 2019 0
Insurance law – Costs – Duties and liabilities of insurer Peter B. Cozzi Professional Corp. v. Szot, [2019] O.J. No. 921, 2019 ONSC 1274, Ontario Superior Court of Justice, February 22, 2019, S. Nishikawa J. The applicant lawyer sought a declaration that proceeds of an After the Event (ATE) policy were the property of the plaintiff ...

Applicant insurer was not estopped from litigating coverage by a prior holding on the respondent insurer’s duty to defend

09. April 2019 0
Insurance law – Commercial general liability insurance – Homeowner’s insurance – Duty to defend – Excess liability – Estoppel Royal & Sun Alliance Insurance Co. v. Intact Financial Corp., [2019] O.J. No. 969, 2019 ONSC 1339, Ontario Superior Court of Justice, February 26, 2019, E.M. Morgan J. The applicant insurer sought an order requiring the ...

Insured’s claim under a motor vehicle insurance policy was dismissed as there was no evidence the accident was caused by an unidentified driver

09. April 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Practice – Summary judgments Passarelli v. Personal Insurance Co., [2019] O.J. No. 1075, 2019 ONSC 1408, Ontario Superior Court of Justice, February 28, 2019, E.M. Morgan J. The insurer applied for summary judgment on the basis there was no evidence for the insured’s claim under the ...

Marijuana grow operation was a material change of risk that entitled the insurer to void the insured’s home insurance policy after a fire

09. April 2019 0
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions Schellenberg v. Wawanesa Mutual Insurance Co., [2019] B.C.J. No. 221, 2019 BCSC 196, British Columbia Supreme Court, February 19, 2019, M.L. Fleming J. The insurer voided the insureds’ homeowner policy after a fire for ...

Insurer successful in action against broker for breach of contract in respect of exclusive issuer agreement

08. January 2019 0
Insurance law – Agents and brokers – Breach of contract – Practice – Summary judgments Canadian Northern Shield Insurance Co. v. 2421593 Canadian Inc., [2018] O.J. No. 5879, 2018 ONSC 3627, Ontario Superior Court of Justice, November 13, 2018, L.A. Pattillo J. The insurer sought damages for breach of contract against an insurance broker in ...

Insurer’s motion for summary judgment dismissed as it was unclear which version of the policy applied

08. January 2019 0
Insurance law – Interpretation of policy – Contra proferentum rule – Practice – Summary judgments SSQ Insurance Co. v. Sutherland, [2018] A.J. No. 1337, 2018 ABQB 934, Alberta Court of Queen’s Bench, November 15, 2018, Master S.L. Schulz The insurer alleged it overpaid its insured and sought repayment by way of summary judgment. The insured ...

The insured’s claim was dismissed as the evidence did not support his claim that the motor vehicle accident was caused by an unknown vehicle

09. October 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Evidence – Practice – Summary judgments Gardner v. John Doe Driver, [2018] O.J. No. 4128, 2018 ONSC 4639, Ontario Superior Court of Justice, August 2, 2018, P.M. Perell J. The insured was involved in a motor vehicle accident and sued the insurer pursuant to s. 265(1) ...

The insurer was required to defend its insured as the policy’s definition of “insured” included an employer’s vicarious liability and would be superfluous if employers were covered only for their own acts or omissions

09. October 2018 0
Insurance law – Professional liability insurance – Duty to defend – Rights and duties of insurer – Interpretation of policy – Practice – Summary judgments Van Huizen v. Trisura Guarantee Insurance Co., [2018] O.J. No. 4188, 2018 ONSC 4828, Ontario Superior Court of Justice, August 10, 2018, P. Hurley J. The insured sought a declaration ...