Supreme Court of Canada confirms that litigation privilege cannot be abrogated absent express statutory provision

10. January 2017 0
Litigation privilege cannot be abrogated absent express statutory provision; s. 337 of the Act Respecting the Distribution of Financial Products and Services does not provide such express provision. Insurance law – Adjusters – Duties and liabilities – Practice – Disclosure of documents – Statutory provisions – Litigation privilege Lizotte v. Aviva Insurance Co. of Canada, [2016] ...

In BC no-fault Part 7 benefits are distinct from compensation awarded on the basis of fault or liability in tort

10. January 2017 0
Part 7 benefits under the Insurance (Motor Vehicle) Act and its Regulations are not compensation from a person whose acts have caused or are alleged to have caused disability. Insurance law – Automobile insurance – No-fault coverage – Benefits – Underinsured motorist – Disability insurance – Damages – Disability benefits, deductibility Brugger v. IWA – ...

Court finds mortgagor had enforceable rights in administration of fire insurance policy

10. January 2017 0
Mortgagor found to have enforceable rights in policy of fire insurance taken out for benefit of mortgagee. Insurance law – Mortgages – Duties and liabilities of mortgagor – Fire insurance – Additional named insured Wilson v. Scotia Mortgage Corp., [2016] O.J. No. 5817, 2016 ONSC 7000, Ontario Superior Court of Justice, November 14, 2016, S.F. Dunphy J. A dispute arose ...

Consultant does not owe duty to the plaintiffs who are adverse in interest to the insurer

10. January 2017 0
Consultant retained by insurance adjuster’s firm did not owe a duty of care to the insured. Insurance law – Adjusters – Consultants – Duties and liabilities – Releases – Policies and insurance contracts – Good faith, breach of – Practice – Settlement of action – Summary judgments, availability 3746292 Manitoba Ltd. v. Intact Insurance Co., [2016] ...

BC court affirms the insurer’s obligation to save harmless the insured from the costs of defending the action encompasses third-party proceedings

14. December 2016 0
Where the insurer denies coverage and the insured is forced to bring third party proceedings to enforce the insurer’s obligations under the policy, the court will award the insured complete indemnity for both defence costs already incurred and the costs of enforcing compliance. Insurance law – Actions – Duty to defend – Third parties – ...

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 – ...

Insured’s claim that he was deprived of his mother’s care, guidance, and companionship due to insurer’s mishandling of claim was allowed to proceed

08. November 2016 0
Action against insurer based on alleged mishandling of insured’s mother’s accident benefit claim allowed to proceed as not plain and obvious it was certain to fail. Insurance law – Automobile insurance – Actions – Benefits – Limitation of actions Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of ...

Limitation period began to run when the insured discovered or ought to have discovered she was unable to work full time

08. November 2016 0
Time to bring a claim against disability insurer started to run when insured learned or ought to have learned she was unable to work full time. Insurance law – Disability insurance – Total disability; Group insurance – Long term disability benefits; Limitation of actions – Running of limitation period Todd v. Felton Brushes Ltd., [2016] ...