Motion by a contractor for coverage under a builder’s risk policy was dismissed because the loss was not an event that occurred during the coverage period as the cause of the loss was distinct from the event of the loss

11. September 2018 0
Insurance law – Homeowner’s insurance – Builder’s risk policy – Coverage – Water damage – Interpretation of policy – Subrogation – Practice – Summary judgments Maio v. Mer Mechanical Inc., [2018] O.J. No. 3800, 2018 ONSC 4426, Ontario Superior Court of Justice, July 18, 2018, P.A. Schreck J. The plaintiffs were homeowners who acted as ...

Coverage was granted to a residence employee who was engaged to provide services for the named insureds’ rental business on the insured property when the rental was declared on the policy

11. September 2018 0
Insurance law – Liability insurance – Exclusions – Interpretation of policy – Rights and duties of insurer – Multiple policies – Different insurer Economical Mutual Insurance Co. v Optimum West Insurance Co., [2018] B.C.J. No. 1312, 2018 BCSC 1116, British Columbia Supreme Court, July 5, 2018, G.S. Funt J. Economical insured D. Wong and acknowledged ...

An insured is not entitled to keep all of an advance paid by the insurer when it is subsequently determined that the amount paid was in excess of the loss suffered

11. September 2018 0
Insurance law – Property insurance – Valuation of property – Actual cash value – Duty to indemnify – Appeals Gore Mutual Insurance Co. v. Carlin, [2018] O.J. No. 3696, 2018 ONCA 628, Ontario Court of Appeal, July 11, 2018, K.N. Feldman, C.W. Hourigan and D.M. Brown JJ.A. The insurer advanced $750,000 to the insured to ...

Although the insured informed the insurer of criminal allegations of sexual assault eight months after becoming aware of the allegations, the notice was sufficient because it was made as soon as practicable based on the information available at the time

11. September 2018 0
Insurance law – Liability insurance – Notice – Duty to defend – Relief against forfeiture – Interpretation of policy Toronto District School Board v. Ontario School Boards’ Insurance Exchange, [2018] O.J. No. 3689, 2018 ONSC 4198, Ontario Superior Court of Justice, July 11, 2018, C.J. Brown J. The insurer denied coverage to the insured school ...

The title insurer was liable to indemnify the purchaser of a cottage containing latent structural deficiencies which flowed from an inadequate building process and made the home unsafe for occupancy

14. August 2018 0
Insurance law – Title insurance – Exclusions – Coverage – Latent defect Breen v. FCT Insurance Co., [2018] O.J. No. 3260, 2018 ONSC 3644, Ontario Superior Court of Justice, June 14, 2018, M.P. Eberhard J. The insured purchased a cottage in 1999, which had been built years earlier by a previous owner pursuant to a ...

Petitioners providing certain professional services relating to a construction project were held to be insureds under the terms of a professional liability policy, despite not being identified by name in either the policy or the application for insurance

14. August 2018 0
Insurance law – Liability insurance – Errors and omissions policy – Interpretation of policy – Notice Surespan Structures Ltd. v. Lloyd’s Underwriters, [2018] BCJ No. 1251, 2018 BCSC 1058, British Columbia Supreme Court, June 27, 2018, Winteringham, J. The petitioners, Surespan Structures Ltd. (“Surespan”) and HGS Limited (“HGS”), sought a declaration that they were insureds ...

No reversible error found in motion judge’s refusal to dismiss bad faith claim against insurer on summary judgment application

14. August 2018 0
Insurance law – Bad faith – Rights and duties of insurer – Practice – Summary judgment – Settlement 3746292 Manitoba Ltd. v. Intact Insurance Co., [2018] M.J. No. 128, 2018 MBCA 59, Manitoba Court of Appeal, May 17, 2018, B.M. Hamilton, C.J. Mainella and J.A. Pfuetzner JJ.A. The Manitoba Court of Appeal heard an appeal ...

Physical contact with unidentified vehicle required for coverage under SEF No. 44 Endorsement in Alberta

14. August 2018 0
Insurance law – Automobile insurance – Unidentified motorist – Interpretation of policy – Appeals Funk v Wawanesa Mutual Insurance Co., [2018] A.J. No. 669, 2018 ABCA 200, Alberta Court of Appeal, May 25, 2018, R.L Berger, F.F. Slatter and P.A. Rowbotham JJ.A. The Alberta Court of Appeal considered whether the SEF No. 44 Endorsement on a ...

Landlord’s insurer entitled to subrogate against tenant notwithstanding language of lease that gave tenant benefit of landlord’s insurance where lease included exception for damage caused by tenant’s negligence

14. August 2018 0
Insurance law – Property insurance – Subrogation – Fire – Landlord and tenant – Commercial tenancy – Leases, share of insurance cost – Appeals – Special case Royal Host Limited Partnership v. 1842259 Ontario Ltd., [2018] O.J. No. 2643, 2018 ONCA 467, Ontario Court of Appeal, May 18, 2018, A. Hoy A.C.J.O., R.G. Juriansz and ...