The Manitoba Court of Queen’s Bench considered whether, based on the terms of a standard mortgage insurance clause, the Plaintiff Mortgagee was entitled to indemnification from the Insurer. The loss was clearly excluded under the policy. However, the court held that because the insurer failed to notify the Plaintiff Mortgagee of an alteration to the policy, as required by statute and the standard mortgage insurance clause, the Insurer was obligated to indemnify the Plaintiff Mortgagee for the loss sustained.
02. March 2005 0
Assiniboine Credit Union Ltd. v. Aviva Insurance Co. of Canada,  M.J. No. 61, Manitoba Court of Queen’s Bench