Insurer found not to have duty to defend based on CGL policy exclusions in an action where insureds allegedly supplied defective grape vines

12. December 2017 0
Insurer found not to have a duty to defend the insureds in an action in which it was alleged they supplied defective grape vines based on three exclusions in a “Business Choice” commercial general liability policy Insurance law – Commercial general liability insurance – Duty to defend – Exclusions; Damages Mori-Vines Inc. v. Northbridge General ...

No coverage for additional insured where claim against additional insured did not arise solely out of the operations of the primary insured

12. December 2017 0
No coverage for additional insured because claim against additional insured did not arise solely out of the operations of the primary insured. Insurance law – Liability insurance – Duty to defend – Additional named insured; Practice – Underlying action Brookfield Johnson Controls Canada LP (c.o.b. Brookfield Global Integrated Solutions) v. Continental Casualty Co., [2017] O.J. ...

ONCA declines to rule on merits of an appeal in light of apparent conflict of interest between insured’s counsel and insured

12. December 2017 0
Ontario Court of Appeal declines to rule on merits of an appeal in light of an apparent conflict of interest between the insured’s counsel and the insured, given the insured’s counsel had brought an appeal of a decision finding there was no coverage under two additional policies of insurance which, if upheld, would likely result ...

Ontario court finds hospital employee was acting under the direction of the Hospital for purposes of determining whether insurer owes duty to defend

12. December 2017 0
The insurer had a duty to defend a hospital employee who was sued for invasion of privacy allegedly arising out of the insured’s unauthorized access to medical records of a patient outside the insured’s circle of care. Insurance law – Liability insurance – Named insured – Duty to defend – Interpretation of policy Oliveira v. ...

BCCA upholds finding that homeowner’s policy excludes coverage for claims arising from bodily injury to any person residing in insured’s household

12. December 2017 0
A homeowner’s policy was found to exclude coverage for liability arising from a third party notice issued against an insured where the underlying action was for personal injuries brought by the insured’s son who resided with the insured. Insurance law – Homeowner’s insurance – Exclusions – Actions – Interpretation of policy; Practice – Appeals – ...

BCCA finds claim alleging surcharges levied on foreign currency constituted deceptive practice and breached member agreements did not fall within coverage as the credit union’s policy excluded coverage for service charges

12. December 2017 0
A claim alleging surcharges levied on foreign currency constituted deceptive practice and breached member agreements did not fall within coverage as the credit union’s policy excluded coverage for charges for services. Insurance law – Liability insurance – Exclusions – Interpretation of policy; Appeals – Standard of review; Class actions Coast Capital Savings Credit Union v. ...

Application judge’s reasons are inadequate and do not permit meaningful appellate review in duty to defend coverage issue

15. November 2017 0
In determing whether the duty to defend has been triggered, the chambers judge must provide adequate reasons that permit meaningful appellate review. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Interpretation of policy; Practice – Leave to appeal; Actions – Vicarious liability National Gallery of Canada v. ...

Ontario Court of Appeal rules Minnesota is an “Inadequately Insured Motorist”

15. November 2017 0
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy; Practice – Leave to appeal – Standard of review; Damages ...

Fire loss caused by tenant’s negligent maintenance of a motor vehicle is excluded from coverage

10. October 2017 0
A fire loss caused by the tenant’s negligent maintenance of a motor vehicle was excluded from coverage pursuant to the omnibus motorized vehicle exclusion. Homeowner’s insurance; Fire; Landlord and tenant; Exclusions; Action; Subrogation Horsefield v. Economical Mutual Insurance Co., [2017] O.J. No. 4226, 2017 ONSC 4868, Ontario Superior Court of Justice, August 14, 2017, M.D. ...