The builder’s risk policy only covered damage to property which was under construction, not the resulting damage to other property on the premises

11. June 2019 0
Insurance law – Commercial general liability insurance – Builder’s risk policy – Exclusions – Interpretation of policy – Practice – Summary judgments Pre-Eng Contracting Ltd. v. Intact Insurance Co., [2019] O.J. No 1812, 2019 ONSC 1700, Ontario Superior Court of Justice, April 10, 2019, P. Bawden J. The insured’s builder’s risk insurer and commercial general liability ...

The commercial general liability policies only applied to property damage occurring during the policy period and the pollution exclusion excluded damage to adjacent property as a result of the migration of pollutants from the insured’s property

11. June 2019 0
Insurance law – Commercial general liability insurance – Occurrence policy – Property damage – Pollution exclusions – Duty to defend – Rights and duties of insurer – Interpretation of policy – Costs West Van Holdings Ltd. v. Economical Mutual Insurance Co., [2019] B.C.J. No. 550, 2019 BCCA 110, British Columbia Court of Appeal, April 5, 2019, ...

Insurer liable for damage to roof of insured’s trailer, as well as water damage to trailer that followed despite the water damage not arising immediately

Insurance law – Automobile insurance – Trailer – Collision – Exclusions – Interpretation of policy – Damages Targett v. Royal and Sun Alliance Co., [2019] N.J. No. 91, 2019 NLPC 1318C00191, Newfoundland and Labrador Provincial Court, March 22, 2019, W. Gorman Prov. Ct. J. The insured owned a travel trailer that was damaged when the roof ...

Insurer’s application to summarily dismiss an injured pedestrian’s claim against her father’s automobile insurer where the plaintiff was hit by eggs thrown out of a moving vehicle was dismissed as there was a genuine issue for trial

Insurance law – Automobile insurance – Exclusions – Unidentified motorist – Uninsured motorist – Chain of causation – Ownership – use or operation of motor vehicle – Statutory provisions – Practice – Summary judgments Gilbraith v. Intact Insurance Co., [2019] O.J. No. 1523, 2019 ONSC 1875, Ontario Superior Court of Justice, March 22, 2019, A. Sosna ...

Decision addressing distribution of insurance proceeds where insufficient funds to satisfy all judgments and settlements arising out of a MVA

Insurance law – Automobile insurance – Third parties – Excess liability – Practice – Settlement of action House (Litigation Guardian of) v. Baird, [2019] O.J. No. 1312, 2019 ONSC 1712, Ontario Superior Court of Justice, March 15, 2019, C.D. Braid J. The parties to a series of claims arising out of a motor vehicle accident sought ...

Named beneficiary obtained summary judgment against estate of business partner for proceeds of key man insurance

Insurance law – Life insurance – Key man insurance – Beneficiaries – Practice – Summary judgments – Appeal – Evidence Brown v. Laurie, [2019] O.J. No. 1164, 2019 ONCA 175, Ontario Court of Appeal, March 6, 2019, J.M. Simmons, M.H. Tulloch and D.M. Brown JJ.A. The defendant/appellant appealed a partial summary judgment granted in favour of ...

Builder’s risk policy does not apply to pre-existing property damaged by construction activity

Insurance law – Property insurance – Builder’s risk insurance – Interpretation of policy – Exclusion – Practice – appeal Team Mechanical Construction Ltd. v. Viking Fire Protection Inc., [2019] N.J. No. 73, 2019 NLCA 13, Newfoundland and Labrador Court of Appeal, March 6, 2019, J.D. Green C.J.N.L., B.G. Welsh and F.P. O’Brien JJ.A. The insurer appealed ...

Plaintiff in a motor vehicle accident who aggravated pre-existing injuries did not suffer a “permanent serious impairment of an important bodily function”

09. April 2019 0
Insurance law – Automobile insurance – Permanent impairment – definition – Statutory provisions Mann v. Jeffersen, [2019] O.J. No. 1073, 2019 ONSC 1107, Ontario Superior Court of Justice, February 19, 2019, J.K. Trimble J. The defendants in a motor vehicle action sought an order that the plaintiff had not proven he suffered a “permanent serious ...

Insurer had no direct entitlement to the proceeds of an After the Event policy insuring against the risk of legal costs and disbursements

09. April 2019 0
Insurance law – Costs – Duties and liabilities of insurer Peter B. Cozzi Professional Corp. v. Szot, [2019] O.J. No. 921, 2019 ONSC 1274, Ontario Superior Court of Justice, February 22, 2019, S. Nishikawa J. The applicant lawyer sought a declaration that proceeds of an After the Event (ATE) policy were the property of the plaintiff ...