Despite insured’s insurable interest in property held as collateral pursuant to a promissory note, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy

13. February 2018 0
An insured has an insurable interest in property held as collateral pursuant to a promissory note. However, in the present case, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy. Insurance law – Property insurance – Insurable interest – Promissory estoppel – Exclusions – Damages Windsor v. ...

Failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim

13. February 2018 0
A failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim. Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Exclusions – Underinsured motorist – Uninsured motorist – Actions – Abuse of process – Practice – Settlement ...

Approval of infant settlement delayed because lawyer’s contingency fee agreement was unreasonable

10. January 2018 0
Approval of an infant settlement was delayed because the lawyer’s contingency fee agreement was unreasonable. Insurance law – Practice – Settlement of action Fairweather v. Davies, [2017] O.J. No. 6180, 2017 ONSC 7051, Ontario Superior Court of Justice, November 27, 2017, J.K. Trimble J. The infant plaintiffs suffered minor injuries in a motor vehicle accident.  Their mother served as their ...

Coverage for rental property excluded under vacancy exclusion despite insured living in a trailer beside the home while it was under renovation

10. January 2018 0
Coverage was excluded for a rental property under the vacancy exclusion despite the insured living in a trailer beside the home while it was under renovation. Insurance law – Homeowner’s insurance – Exclusions – “Resident” – “Vacant” – Definition – Terms of policy Taylor v. Co-operators General Insurance Co., [2017] A.J. No. 1232, 2017 ABQB 705, Alberta Court ...

Additional insureds entitled to appoint and instruct their own counsel due to inherent conflict of interest

10. January 2018 0
Additional insureds were entitled to appoint their own counsel due a conflict which arose because the mix of covered and uncovered claims meant that the additional insureds’ defence directly conflicted with the pecuniary interests of the insurers and there was a risk information obtained for defence purposes might be used against the additional insureds for ...

Insurer required to pay settlement agreement on behalf of insurer despite his having operated a snowmobile contrary to the terms of his criminal probation order

10. January 2018 0
An insured who operates a motor vehicle contrary to a criminal court order is nevertheless authorized to operate a motor vehicle pursuant to Statutory Condition 4(1). Insurance law – Automobile insurance – Statutory provisions – Exclusions – Appeals; Practice – Settlement of action Middleton v. Pankhurst, [2017] O.J. No. 5661, 2017 ONCA 835, Ontario Court of Appeal, November 2, ...

Lessor not entitled to third party liability coverage under policy placed by lessee where the policy does not name lessor as an insured

10. January 2018 0
A lessor was not entitled to third party liability coverage under a policy placed by the lessee as the policy did not name the lessor as an insured. Insurance law – Automobile insurance – Lessors and lessees – Third parties – Interpretation of policy – Cancellation of policy Coast Capital Equipment Finance Ltd. v. Old ...

Insured entitled to indemnity under policy of insurance for theft claim arising out of two accidents in which her motor vehicle was involved and taken without her permission

12. December 2017 0
Insured entitled to indemnity under her policy of insurance for any claims or losses arising out of two accidents in which her motor vehicle was involved. Insurance law – Automobile insurance – Theft of vehicle – Terms of policy – Rights and duties of insured Boyle v. Insurance Corp. of British Columbia, [2017] B.C.J. No. 1969, ...

Alberta Court of Queen’s Bench finds insurer has duty to defend insured in third party proceedings arising from workplace injury

12. December 2017 0
Insurer found to have duty to defend insured in third party proceedings in which it was alleged the insured had breached its contract with the defendant, the Court finding the plaintiff’s claim against the defendant was in negligence and therefore the third party claim could be established on the grounds of negligence. Insurance law – ...