Brokerage agreement between the insurer and the broker contained an obligation by the broker to indemnify the insurer

14. July 2016 0
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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 ...

An incident in a party bus arose from “ownership, use or operation” of the bus”

20. June 2016 0
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Claims relating to negligent business practices after a patron fell on the insured’s party bus, while non-derivative of the negligent operation claims, arose from or owed their existence to the ownership, use or operation of a bus used in an expected manner such that the claims were excluded from coverage under the CGL policy and ...

Court granted leave to appeal an arbitrator’s ruling that a person injured while riding an ATV was in an “accident”

20. June 2016 0
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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. ...

Defence costs of a class action were excluded under a claims made policy

20. June 2016 0
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Insured’s petition for indemnity for defence costs under a claims made policy was dismissed as it was plain and obvious that an exclusion applied, despite the fact that it was premature to determine if coverage was triggered under the policy. Coast Capital Savings Credit Union v. Liberty International Underwriters, [2016] B.C.J. No. 736, 2016 BCSC 655, British Columbia ...

Water seeping through foundation walls was excluded under insured’s “water escape” coverage

20. June 2016 0
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Water damage caused by water seeping through the foundational walls of an insured’s property was outside the scope of the insured’s “water escape” coverage, as being “ground water” or “surface water”. It did not matter whether this water seepage happened slowly or suddenly. Hojjatian v. Intact Insurance Co., [2016] O.J. No. 1834, 2016 ONSC 2318, Ontario Superior ...

Uninsured motorist protection under Ontario Insurance Act is distinct from optional Family Protection Endorsement for inadequately insured motorist

20. June 2016 0
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Optional uninsured motorist coverage is distinct from the uninsured motorist protection provided for under the Ontario Insurance Act. The latter is a creature of statute, which excludes coverage for uninsured vehicles owned by an insured or their spouse. The former is subject to the principles of policy interpretation and may provide coverage for an uninsured ...

Cost of roof upgrades fell within coverage under insurance policy’s bylaw provision

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., [2016] A.J. No. 293, 2016 ABQB 185, Alberta Court of ...

Ontario court determines insured’s claim for “underinsured” coverage under Family Protection Coverage endorsement

19. May 2016 0
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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., [2016] O.J. No. 1336, 2016 ONSC 1812, Ontario Superior Court of Justice, March 14, 2016, G.E. Taylor J.

Claim for unidentified motorist’s coverage denied under insured’s policy of motor vehicle insurance

19. May 2016 0
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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, [2016] O.J. No. 1393, 2016 ONSC 1690, Ontario Superior Court of Justice, March 15, 2016, S.N. Lederman J.