Tripping over a parked motorcycle is considered an accident for the purpose of receiving statutory no-fault benefits. Economical Mutual Insurance Co. v. Caughy,  O.J. No. 1563, 2016 ONCA 226, Ontario Court of Appeal, March 24, 2016, A. Hoy A.C.J.O., P.D. Lauwers and C.W. Hourigan JJ.A.
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.,  A.J. No. 293, 2016 ABQB 185, Alberta Court of ...
A statutory cap on damages recoverable in a motor vehicle accident results in an insured being “underinsured” pursuant to the OPCF 44R Family Protection Coverage endorsement in Ontario to the extent damages exceed that cap. Hartley v. Security National Insurance Co.,  O.J. No. 1336, 2016 ONSC 1812, Ontario Superior Court of Justice, March 14, 2016, G.E. Taylor J.
On summary judgment application court dismissing insured’s claim for coverage under the unidentified driver provisions of his policy of motor vehicle insurance. Ding (Litigation Guardian of) v. John Doe,  O.J. No. 1393, 2016 ONSC 1690, Ontario Superior Court of Justice, March 15, 2016, S.N. Lederman J.
Insurer was obligated to pay a loss of rental income claim under a property insurance policy following a fire because the tenant was under no obligation to pay rent after the fire. 224981 Ontario Inc. v. Intact Insurance Co.,  O.J. No. 1416, 2016 ONSC 642, Ontario Superior Court of Justice, March 15, 2016, M.D. Faieta J.
Insured was held not to have known of the existence of a marijuana grow operation on her rented premises. Bahniwal v. Mutual Fire Insurance Co. of British Columbia,  B.C.J. No. 494, 2016 BCSC 422, British Columbia Supreme Court, March 10, 2016, B.M. Joyce J.
The defendant’s summary judgment application for a dismissal of the plaintiff’s action for one month of long term disability benefits, entitlement to two treatment plans, and damages for mental distress, and aggravated and punitive damages was dismissed. The Court concluded the defendant’s decisions were based upon proper principles and were not carried out in bad ...
Successful application to dismiss the plaintiffs’ action pursuant to Rule 4.33 on the basis three or more years had passed without a significant advance in the action. Berlinic v. Peace Hills General Insurance Co.,  A.J. No. 183, 2016 ABQB 104, Alberta Court of Queen’s Bench, Master W.S. Schlosser (In Chambers), February 24, 2016
An insured landowner’s appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. Garden View Restaurant Ltd. v. Portage La Prairie Mutual Insurance Co.,  N.S.J. No. 55, 2016 NSCA 8, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, 2016
The appeal of a motion judge’s decision determining that remediation of the contaminated land underneath the respondent’s home was covered under the homeowner’s insurance policy was allowed. Snow v. Royal Sun Alliance Insurance Co. of Canada,  N.S.J. No. 54, 2016 NSCA 7, Nova Scotia Court of Appeal, D.P.S. Farrar, J.E. Scanlan and E. Van den Eynden JJ.A., February 11, ...