Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

A broker’s subrogated claim against an insurer which voided an insured’s policy was summarily dismissed. Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Co. of Canada, [2016] O.J. No. 2682, 2016 ONSC 2567, Ontario Superior Court of Justice, May 25, 2016, G.R. Dow J. The insured requested his broker, which held binding authority for the insurer, to change the ...

Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

The insurer was granted leave to appeal an arbitrator’s decision which had determined that an incident involving an ATV was an “accident” as defined under the Ontario Statutory Accident Benefits Schedule, O. Reg. 34/10. Unifund Assurance Co. v. Security National Insurance Co., [2016] O.J. No. 1855, 2016 ONSC 2334, Ontario Superior Court of Justice, April 6, 2016, R.F. Goldstein J. ...

Water seeping through foundation walls was excluded under insured’s “water escape” coverage

Water damage caused by water seeping through the foundational walls of an insured’s property was outside the scope of the insured’s “water escape” coverage, as being “ground water” or “surface water”. It did not matter whether this water seepage happened slowly or suddenly. Hojjatian v. Intact Insurance Co., [2016] O.J. No. 1834, 2016 ONSC 2318, Ontario Superior ...

Uninsured motorist protection under Ontario Insurance Act is distinct from optional Family Protection Endorsement for inadequately insured motorist

Optional uninsured motorist coverage is distinct from the uninsured motorist protection provided for under the Ontario Insurance Act. The latter is a creature of statute, which excludes coverage for uninsured vehicles owned by an insured or their spouse. The former is subject to the principles of policy interpretation and may provide coverage for an uninsured ...

Cost of roof upgrades fell within coverage under insurance policy’s bylaw provision

Damage from an insured peril to a roof triggered municipal inspections which revealed the strength of the roof in undamaged areas required upgrading. The increased cost of repairing the roof fell within coverage under the bylaw provision. 954470 Alberta Ltd. (c.o.b Centre South) v. Sovereign General Insurance Co., [2016] A.J. No. 293, 2016 ABQB 185, Alberta Court of ...