The commercial general liability insurer (“Co-Operators”) of Matthews Pallet Recycling (“Matthews Pallet”) was successful in appealing a decision holding that it had a duty to defend claims advanced by passengers of an automobile involved in an accident with a truck owned by Matthews Pallet. The Court of Appeal held that allegations of “negligent business practices” and “negligent repair” were not sufficient to take the claims outside of the exclusion clause in the Co-Operators policy for claims arising out of ownership, use or operation of an automobile.

01. December 2003 0
Unger (Litigation guardian of) v. Unger, [2003] O.J. No. 4587, Ontario Court of Appeal

The Insurers of a fish plant were unable to prove that the fire which destroyed the plant was arson nor that the Insured had committed any acts which would vitiate the policies. The Insured was therefore entitled to the damages proven. The Insurer’s conduct, however, did not warrant an award of punitive damages.

19. November 2003 0
Bay Bulls Sea Products Ltd. v. Insurance Corp. of Newfoundland Ltd., [2003] N.J. No. 282, Newfoundland and Labrador Supreme Court – Trial Division

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