A sandbar is not a highway

12. February 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Statutory provisions – Practice – Appeals – Summary judgments Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482, British Columbia Court of Appeal, December 20, 2018, S.D. Frankel, K.C. Mackenzie and D.C. Harris JJ.A. The British Columbia Court of Appeal heard ...

An insured settled with a facility owner for fire damages caused by an error in the insured’s work. The insured’s CGL policy indemnified the insured for the insured’s losses as “compensatory damages for property damage”

12. February 2019 0
Insurance law – Commercial general liability insurance – Builder’s risk – Property damage – Exclusions – Interpretation of policy – Practice – Summary judgments Community Electric Ltd. v. Sun Alliance Insurance Co., [2018] S.J. No. 484, 2018 SKQB 319, Saskatchewan Court of Queen’s Bench, November 20, 2018, G.M. Currie J. The insured applied for summary ...

A passenger who suddenly and without warning grabs the steering wheel while moving, causing an accident, is not covered by the driver’s insurance policy because the passenger did not have the insured driver’s consent to drive

12. February 2019 0
Insurance law – Automobile insurance – Care custody or control of motor vehicle – Underinsured motorist – Uninsured motorist – Third parties – Bad faith – Practice – Summary judgments McKay v. Park, [2018] O.J. No. 6521, 2018 ONSC 7346, Ontario Superior Court of Justice, December 7, 2018, H. McArthur J. This summary judgment motion ...

Insurer successful in action against broker for breach of contract in respect of exclusive issuer agreement

08. January 2019 0
Insurance law – Agents and brokers – Breach of contract – Practice – Summary judgments Canadian Northern Shield Insurance Co. v. 2421593 Canadian Inc., [2018] O.J. No. 5879, 2018 ONSC 3627, Ontario Superior Court of Justice, November 13, 2018, L.A. Pattillo J. The insurer sought damages for breach of contract against an insurance broker in ...

Insurer’s motion for summary judgment dismissed as it was unclear which version of the policy applied

08. January 2019 0
Insurance law – Interpretation of policy – Contra proferentum rule – Practice – Summary judgments SSQ Insurance Co. v. Sutherland, [2018] A.J. No. 1337, 2018 ABQB 934, Alberta Court of Queen’s Bench, November 15, 2018, Master S.L. Schulz The insurer alleged it overpaid its insured and sought repayment by way of summary judgment. The insured ...

An insurer that funded an insured’s defence without raising coverage issues until the litigation was “well advanced” was estopped from denying coverage despite a potentially applicable exclusion

11. December 2018 0
Insurance law – Liability insurance – Homeowner’s policy – Exclusions – Personal injury – Duty to defend – Waiver – Estoppel Commonwell Mutual Assurance Group v. Campbell, [2018] O.J. No. 5152, 2018 ONSC 5899, Ontario Superior Court of Justice, October 4, 2018, C.U.C. MacLeod J. In April 2015, the insured was sued following a collision ...

The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5)

11. December 2018 0
The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5). Insurance law – Automobile insurance – Diminished value – Interpretation of policy – Statutory provisions – Practice – Summary judgments Dion v. Security National Insurance Co., [2018] A.J. No. 1222, 2018 ABPC ...

A third party contractor’s claim against the insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismissed

11. December 2018 0
Insurance law – Liability insurance – General contractors – Third parties – Interpretation of policy – Practice – Summary judgments SWAT Consulting Ltd. v. Canadian Western Bank, [2018] A.J. No. 1250, 2018 ABQB 875, Alberta Court of Queen’s Bench, October 24, 2018, Master J.T. Prowse The insurer indemnified the insured for the costs to clean-up ...

In order to determine the first-loss insurer for a motor vehicle accident, one only needs to look at the rental agreement for a leased vehicle

11. December 2018 0
In order to determine the first-loss insurer for a motor vehicle accident, one only needs to look at the rental agreement for a leased vehicle. Insurance law – Automobile insurance – Uninsured motorist – Priority coverage – Statutory provisions Aviva Insurance Co. v. Wawanesa Mutual Insurance Co., [2018] O.J. No. 5018, 2018 ONSC 5778, Ontario ...