Unger (Litigation guardian of) v. Unger [2003] O.J. No. 4587 Ontario Court of Appeal

01. December 2003 0
The commercial general liability insurer ("Co-Operators") of Matthews Pallet Recycling ("Matthews Pallet") was successful in appealing a decision holding that it had a duty to defend claims advanced by passengers of an automobile involved in an accident with a truck owned by Matthews Pallet. The Court of Appeal held that allegations of "negligent business practices" ...

Bay Bulls Sea Products Ltd. v. Insurance Corp. of Newfoundland Ltd. [2003] N.J. No. 282 Newfoundland and Labrador Supreme Court – Trial Division

19. November 2003 0
The Insurers of a fish plant were unable to prove that the fire which destroyed the plant was arson nor that the Insured had committed any acts which would vitiate the policies. The Insured was therefore entitled to the damages proven. The Insurer’s conduct, however, did not warrant an award of punitive damages.

Blue Mountains (Town) v. Royal and Sun Alliance Insurance Co. of Canada [2003] O.J. No. 4881 Ontario Superior Court of Justice

28. October 2003 0
The court ordered the Insurer to defend the Insured under a commercial general liability policy where the Plaintiff alleged that the Insured was negligent in performing building inspections which resulted in property damage in a condominium development project. The policy covered property damage caused by an accident or property damage which arose out of the ...

Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada [2003] O.J. No. 4534 Ontario Superior Court of Justice

27. October 2003 0
The Jesuit Fathers of Upper Canada ("Jesuit Fathers") were successful in obtaining a declaration that their Insurer under a comprehensive general liability policy ("Guardian") had a duty to defend the Jesuit Fathers with respect to claims based upon allegations of sexual assault which fell within the temporal limits of the policy. The court refused to ...