In considering a claim for coverage, allegedly negligent acts will not be considered the same as allegedly intentional acts for the purpose of the derivative claim analysis if it is possible that the acts were not committed with the same intention or state of mind as other causes of action in the pleading

15. November 2017 0
Insurance law – Homeowner’s insurance – Bodily injury – Exclusions – Duty to defend – Derivative claims – Actions – Intentional torts – Practice – Pleadings Co-operators General Insurance Co. v. Kane, [2017] B.C.J. No. 1920, 2017 BCSC 1720, British Columbia Supreme Court, September 27, 2017, S.C. Fitzpatrick J. The insured sought defence and indemnity ...

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 ...

In Ontario, when a motor vehicle liability insurer has added itself as a statutory third party to a personal injury action because it has denied coverage to an insured defendant, the insurer’s representative is required to answer questions regarding the reason for the denial of coverage at a discovery, but is not required to answer questions regarding the details of the investigation that led to that decision

10. October 2017 0
Insurance law – Liability insurance – Third parties – Personal injury – Practice – Discovery Antony v. Kumarasamy, [2017] O.J. No. 4305, 2017 ONSC 4943, Ontario Superior Court of Justice, August 18, 2017, Master A. Graham The underlying action involved a motor vehicle accident that occurred on November 20, 2009. At the time of the accident, State ...

A Change of Beneficiary Designation was found to be valid within the meaning of s.171(1) of the Insurance Act, R.S.O. 1990, chap. I. 8

10. October 2017 0
Insurance law – Life insurance – Group insurance – Change of beneficiaries – Validity – Irrevocable beneficiaries – Statutory provisions Sun Life Assurance Co. of Canada v. Nelson Estate, [2017] O.J. No. 4394, 2017 ONSC 4987, Ontario Superior Court of Justice, August 23, 2017, C.J. Brown J. In 1999, the insured purchased a life insurance ...

Insurer’s action for fraud, unjust enrichment and conspiracy was dismissed because the insurer failed to meet the burden of showing the insureds’ representations were false

10. October 2017 0
Insurance law – Automobile insurance – Fraud – Evidence – Actions – Conspiracy Insurance Corp. of British Columbia v. Mehat, [2017] B.C.J. No. 1667, 2017 BCSC 1476, British Columbia Supreme Court, August 24, 2017, M.B. Blok J. The insurer brought an action against Mr. and Mrs. Mehat for fraud, unjust enrichment and conspiracy regarding a ...

Fire loss caused by tenant’s negligent maintenance of a motor vehicle is excluded from coverage

10. October 2017 0
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance – Fire – Landlord and tenant – Exclusions – Action – Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of ...

BCSC dismisses personal injury claim of cyclist with no memory of accident citing lack of evidence to establish unidentified motorist negligence

10. October 2017 0
The plaintiff cyclist who was found unconscious and injured was unable to prove negligence against an unidentified driver because there was no evidence as to what caused the plaintiff to fly from his bike, or that the unidentified vehicle had moved at all prior to the accident. Automobile insurance – Statutory provisions – Negligence – ...

Employer’s automobile insurance policy does not provide underinsured coverage to employee who rented an automobile

12. September 2017 0
Employer’s automobile insurance policy did not respond to a motor vehicle accident involving an employee in a rental vehicle which was itself insured as required by law. Automobile insurance – Family compensation and fatal accident claims – Underinsured motorist – Interpretation of policy – Priority coverage Macrae v. Liberty International Underwriters, a Division of the Liberty Mutual ...