Insured’s fleet policy excludes underinsured motorist coverage, but coverage found in personal vehicles’ policy

09. March 2018 0
A notation of “PP/LC” which qualified a grant of underinsured motorist coverage excluded coverage for the insured as he was neither a private passenger nor driving a light commercial vehicle, but coverage was found in another policy with a similar underinsured motorist coverage clause that did not contain the qualifying notation. Insurance law – Automobile ...

Insured awarded mental distress and punitive damages where insurer found to have failed to act in good faith in the handling of the insured’s disability claim

09. March 2018 0
The insurer was found to have failed to act in good faith in the handling of the insured’s disability claim and the insured was awarded mental distress and punitive damages. Insurance law – Disability insurance – Punitive damages – Mental distress – Medical examination – Good faith Godwin v. Desjardins Financial Security Investments Inc., [2018] ...

Breach of contract claim for failing to add party as an additional insured in contractor’s liability policy found to be time-barred

09. March 2018 0
A breach of contract claim for failing to add a party as an additional insured in a contractor’s liability policy was time-barred by virtue of the operation of Ontario’s Limitation Act. Insurance law – Liability insurance – Additional named insured – Duty to defend – Contracts – Privity of contract – Limitation of actions Brookstreet ...

Insurer obligated to contribute to defence costs and settlement in personal injury lawsuit where insured’s homeowner’s policy found not to operate as an excess liability policy

09. March 2018 0
An insured’s homeowner’s policy was held not to operate as an excess liability policy, obligating the insurer to contribute to defence costs and settlement respecting a lawsuit arising out of a fall that occurred after hours at the insured’s business premises. Insurance law – Homeowner’s insurance – Bodily injury – Corporate capacity – Excess liability ...

Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies

13. February 2018 0
Insurers had duty to defend insureds against claim for damages arising from alleged migration of contamination notwithstanding environmental and pollution liability exclusions in policies. Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Costs – Special costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2017] B.C.J. No. 2670, ...

Mortgagor’s claim to proceeds of fire loss paid out under standard mortgage clause took priority over CRA’s claim due to mortgagee’s tax liability

13. February 2018 0
Mortgagor’s claim to proceeds of fire loss paid out under standard mortgage clause took priority over CRA’s claim due to mortgagee’s tax liability Insurance law – Mortgages – Standard mortgage clause – Priority coverage Travelers Canada v. Elite Builders Inc., [2017] N.J. No. 432, 2017 NLTD(G) 214, Newfoundland and Labrador Supreme Court – Trial Division ...

Insured’s soft-tissue injuries did not amount to “permanent serious impairment of an important physical, mental, or psychological function” and therefore award of general damages by jury disallowed

13. February 2018 0
Insured’s soft-tissue injuries did not amount to “permanent serious impairment of an important physical, mental, or psychological function” and therefore award of general damages by jury disallowed. Insurance law – Automobile insurance – Unidentified motorist – Statutory obligations – Damages – Permanent impairment, definition – Damages – Jury trials Nadarajah v. Aviva Canada Inc., [2017] O.J. No. ...

Appeal from partial summary judgment in which court made a declaration relating to the interpretation of a section of a banker’s comprehensive liability policy allowed

13. February 2018 0
Appeal from partial summary judgment in which court made a declaration relating to the interpretation of a section of a banker’s comprehensive liability policy allowed. Insurance law – Liability insurance – Directors and officers liability insurance – Interpretation of policy – Statutory provisions – Practice – Appeals – Summary judgments TD Bank N.A. v. Lloyd’s Underwriters, ...

Despite insured’s insurable interest in property held as collateral pursuant to a promissory note, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy

13. February 2018 0
An insured has an insurable interest in property held as collateral pursuant to a promissory note. However, in the present case, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy. Insurance law – Property insurance – Insurable interest – Promissory estoppel – Exclusions – Damages Windsor v. ...

Failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim

13. February 2018 0
A failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim. Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Exclusions – Underinsured motorist – Uninsured motorist – Actions – Abuse of process – Practice – Settlement ...