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. Williams v. Canales, [2016] B.C.J. No. 2067, 2016 BCSC 1811, British Columbia ...

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. Watkins v. Western Assurance Co., [2016] O.J. No. 4548, 2016 ONSC 2574, Ontario Superior Court of Justice, August 31, 2016, C.D. Braid J. The insured’s mother was involved in ...

Faulty workmanship exclusion does not encompass resulting damage

08. November 2016 0
Faulty workmanship exclusion in builder’s risk policy excludes only the actual cost of redoing the faulty work. Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., [2016] S.C.J. No. 37, 2016 SCC 37, Supreme Court of Canada, September 15, 2016, McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown JJ. The insureds were ...