Unloading an ATV from a truck was found to be operating the truck, not the ATV

08. November 2016 0
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An accident involving the unloading of an ATV from a truck is found to arise out of the use and operation of a motor vehicle. Prosofsky v. Insurance Corp. of British Columbia, 2016] B.C.J. No. 1829, 2016 BCSC 1586, British Columbia Supreme Court, August 29, 2016, H. Hyslop J. The insured sought reinstatement of rehabilitation ...

Faulty workmanship exclusion does not encompass resulting damage

08. November 2016 0
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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 ...

Insurer’s duty and right to defend cannot arise until the insured gives the insurer notice of the claim

19. October 2016 0
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Appeal by the insurer from an order declaring that the insurer was required to pay pre tender defence costs incurred before the insureds gave the insurer notice of the claim and granting the insureds relief against forfeiture. The appeal was allowed because, pursuant to the insurance policy, the insurer’s duty to defend could not arise ...

Court declined to grant relief for legal and professional fees above policy limits

19. October 2016 0
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The insured pursued a summary judgment motion for costs, enhanced pre judgment interest, and professional fees incurred in proving the claim. The defendant insurers had previously paid the amounts owed under the policy. The court declined to grant the relief sought by the insured and dismissed the action without costs. Hog Haven Inc. v. North ...

Claim for “diminished value” of an automobile may exist in Ontario

19. October 2016 0
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The insured was rear-ended in a motor vehicle accident. The insurer paid for the repairs to the insured’s vehicle, but refused to compensate the insured for the diminished value of the vehicle. The insured commenced a small claims action for the diminished value and the insurer brought a motion to strike the claim on the ...

Insurer was not obligated to inform insured of applicable limitation period under Limitations Act

19. October 2016 0
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The limitation period began to run from the date the insured received a denial letter notifying him that his disability benefits were terminated. The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence ...

Canada Pension Plan disability payments are not income for the purposed of survivor benefits calculations

19. September 2016 0
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The appeal of a decision finding that Canada Pension Plan disability payments are not to be considered as income for the calculation of motor vehicle accident survivor benefits was dismissed. Holtby-York v. Saskatchewan Government Insurance, , [2016] S.J. No. 412, 2016 SKCA 95, August 3, 2016, R.G. Richards C.J.S., R.K. Ottenbreit and J.A. Ryan-Froslie JJ.A. ...

Plaintiff failed to meet its burden to establish coverage under title insurance policy

19. September 2016 0
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The plaintiff’s claim to recover on a title insurance policy for losses it allegedly incurred after it foreclosed on a mortgage was dismissed. Hercules Moulded Products Inc. v. Foster, [2016] O.J. No. 3998, 2016 ONSC 4967, July 14, 2016, S.N. Lederman J. The plaintiff advanced a loan which was secured by a mortgage charge against ...

BC Court of Appeal held that insurer’s settlement demands letter didn’t constitute confirmation of a cause of action

19. September 2016 0
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A “without prejudice” letter from an adjuster that invited the insured, who had been injured in a slip and fall, to forward their settlement demands did not constitute confirmation of a cause of action and therefore did not toll the limitation period.  A summary trial decision dismissing the action as statute barred was upheld on ...

Insurer was not obligated to inform insured of applicable limitation period under Limitations Act

19. September 2016 0
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The limitation period began to run from the date the insured received a denial letter that his disability benefits were terminated.  The fact that the denial letter outlined what steps were required to appeal the decision did not convey an equivocal sense of indeterminacy such that the insured had not discovered the existence of a ...