Canadian Insurance Law Blog – Page 80

The same person cannot act as defence counsel and as counsel in a third party action against the Insurer which alleges bad faith pertaining to a failure to defend and, potentially, the conduct of a legal proceeding

14. November 2003 0

Posted by Harper Grey

Svishchov v. Corol, [2003] O.J. No. 4745, Ontario Superior Court of Justice

Manitoba automobile insurance purchased by a non-resident of Manitoba is void ab initio, when it is purchased fraudulently by an out-of-province automobile owner in an attempt to obtain cheaper automobile insurance

12. November 2003 0

Posted by Harper Grey

Luangphasi v. Good, [2003] A.J. No. 1394, Alberta Court of Queen’s Bench

A broker is liable for any gaps in insurance that are not brought to the client’s attention, if the client would have taken steps to avoid an uninsured loss. The fact that the client had been provided a copy of the policy that contained the exclusions, but had not read the policy, does not entitle the broker to claim contributory negligence against the client.

04. November 2003 0

Posted by Harper Grey

Goertzen v. Halifax Insurance Co., [2003] M.J. No. 399, Manitoba Court of Queen’s Bench

A two year limitation period contained in a disability policy can be extended pursuant to the discoverability rule

31. October 2003 0

Posted by Harper Grey

Gray v. Canada Life Assurance Co., [2003] M.J. No. 412, Manitoba Court of Queen’s Bench

The Insured (“Hauck”) was successful in obtaining a declaration that the Insurer of his tractor trailer (“Dominion”) was obligated to provide him with third party liability coverage for a motor vehicle accident caused by Hauck when he was towing the trailer with his uninsured truck

31. October 2003 0

Posted by Harper Grey

Hauck v. Dominion of Canada General Insurance Co., [2003] A.J. No. 1505, Alberta Court of Queen’s Bench Judicial District of Calgary

The court ordered the Insurer to defend the Insured under a commercial general liability policy where the Plaintiff alleged that the Insured was negligent in performing building inspections which resulted in property damage in a condominium development project. The policy covered property damage caused by an accident or property damage which arose out of the operations performed on or incidental to the Insured’s development project.

28. October 2003 0

Posted by Harper Grey

Blue Mountains (Town) v. Royal and Sun Alliance Insurance Co. of Canada, [2003] O.J. No. 4881, Ontario Superior Court of Justice

The Jesuit Fathers of Upper Canada (“Jesuit Fathers”) were successful in obtaining a declaration that their Insurer under a comprehensive general liability policy (“Guardian”) had a duty to defend the Jesuit Fathers with respect to claims based upon allegations of sexual assault which fell within the temporal limits of the policy. The court refused to make a declaration that Guardian had a duty to defend claims which were not “first made” during the policy period holding that a belief as to the possible existence of further complaints lacked the specificity required to form the basis of a claim under the policy.

27. October 2003 0

Posted by Harper Grey

Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada, [2003] O.J. No. 4534, Ontario Superior Court of Justice

An insurance company cannot rely upon communications with a broker to change coverage to an insured. An insured must be notified directly by the insurance company of any change in coverage

10. October 2003 0

Posted by Harper Grey

Walker v. CGU Insurance Co. of Canada, [2003] O.J. No. 4064, Ontario Superior Court of Justice

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