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

18. August 2016 0
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
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

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 ...

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. ...