The insurer agreed to indemnify Ontario lawyers acting for transferees and chargees from and against any claims arising under a title insurance policy

18. August 2016 0
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Title insurance provider was required to indemnify a lawyer for costs in defending a claim arising under title insurance policy pursuant to indemnity obligation set out in correspondence with Law Society of Upper Canada. Small v. Chicago Title Insurance Co., [2016] O.J. No. 3131, 2016 ONSC 3876, Ontario Superior Court of Justice, June 15, 2016, R.A. Lococo J. The insureds ...

Liability for damage to vehicles during Stanley Cup riot was not joint and several

18. August 2016 0
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Participants in Stanley Cup Riot were not jointly and severally responsible for all the damage caused to vehicles insured by ICBC during the riot. Insurance Corp. of British Columbia v. Alexander, [2016] B.C.J. No. 1252, 2016 BCSC 1108, British Columbia Supreme Court, June 16, 2016, E.M. Myers J. The Insurance Corp. of British Columbia (“ICBC”) brought an action against multiple ...

Coverage for “advertising injury” was not clearly excluded in a trademark infringement claim

18. August 2016 0
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In a trademark infringement claim coverage for “advertising injury” was not clearly excluded by “Expected or Intended Advertising Injury or Personal Injury” or “Intellectual Property Laws Or Rights” exclusions in liability policy. Royal & Sun Alliance Insurance Co. of Canada v. Chubb Insurance Co. of Canada, [2016] O.J. No. 3348, 2016 ONSC 3927, Ontario Superior Court of Justice, June ...

Appraisal process barred further litigation of insurance indemnity claims

18. August 2016 0
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Insureds’ claims for indemnity under insurance policies were barred because of the previous appraisal process under Statutory Condition 11 and Section 128 of the Insurance Act. DK Manufacturing Group Ltd. (c.o.b. D.K.M.G.) v. Co-operators General Insurance Co., [2016] O.J. No. 3291, 2016 ONSC 3983, Ontario Superior Court of Justice, June 20, 2016, D.G. Stinson J. The insureds were related companies. ...

Court allowed adding plaintiff’s insurer as a party where tortfeasor’s insurance limits were likely insufficient

18. August 2016 0
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A plaintiff’s insurer may be added as a party to a tort action where the tortfeasor’s insurance limits will likely be insufficient, and the plaintiff intends to seek compensation under its insurer’s underinsured liability coverage. MacPherson v. White, [2016] B.C.J. No 1332, 2016 BCSC 1151, British Columbia Supreme Court, June 22, 2016, P.J. Pearlman J. This action arose out of ...

Taking renters constituted a material change in risk voiding coverage

18. August 2016 0
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Where an insurance application specifically asks whether an insured property will have renters or tenants, and the insured answers ‘no,’ an insured who subsequently rents out that property may void their insurance coverage if they do not declare this change upon renewal. Zheng v. John Galon Insurance Services Ltd., [2016] S.J. No. 352, 2016 SKPC 90, Saskatchewan Provincial ...

Insurer could not prove material misrepresentation due to lack of evidence concerning “standard” Bill of Lading

14. July 2016 0
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Appeal from a decision dismissing a judgment creditor’s claim for recovery against the judgment debtor’s insurer was allowed because the insurer failed to meet its evidentiary burden proving the judgment debtor made a misrepresentation in its application for insurance coverage. C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp., [2016] O.J. No. 2505, 2016 ONCA 364, Ontario Court ...

Daughter lacked implied consent to drive mother’s vehicle

14. July 2016 0
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The driver of a vehicle did not have implied consent to drive her mother’s vehicle. The daughter was required to ask for permission to use the vehicle and tell her mother where she was going, how long she would be, and what she was doing and the daughter failed to obtain permission on this occasion. ...

Court applied broad definition of “mechanical” failure in a Garage policy

14. July 2016 0
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In a Garage Policy, coverage for damages caused by accidentally reversing the polarity of a battery in a motor vehicle is excluded under the exclusion for loss or damage “consisting of, or caused by, mechanical fracture, failure or breakdown of any part of a motor vehicle”. Kal Tire Ltd. v. Insurance Corp. of British Columbia, [2016] ...

Failure to register a motor vehicle pursuant to BC legislation revoked owner’s certificate

14. July 2016 0
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The 30 day exemption period in s. 20.(1)(e) of the Motor Vehicle Act, R.S.B.C. 1997, c. 288, begins to run from the date the operator begins to operate the motor vehicle on a highway in British Columbia. The plaintiff’s failure to register the motor vehicle pursuant to the legislation meant that his owner’s certificate was ...