Don’t keep your grow-op a secret from your home insurer

Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...

No limits on mitigation of loss coverage

Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...

What not to do when terminating a policy

12. May 2020 0
Insurance law – Automobile insurance – Statutory obligations – Cancellation of policy, time cancellation in effect – Arbitration – Practice – Appeals – Standard of review Allstate Insurance Co. v. Ontario (Minister of Finance), [2020] O.J. No. 726, 2020 ONSC 830, Ontario Superior Court of Justice, February 6, 2020, B. Davies J. The insurer cancelled ...

Traveling insureds beware: know the jurisdiction of your policy

12. May 2020 0
Insurance law – Automobile insurance – Territorial limitations – Underinsured motorist – Practice – Appeals – Standard of review – Summary judgments – Availability Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49, Alberta Court of Appeal, February 4, 2020, B.L. Veldhuis, F.L. Schutz and M.G. Crighton JJ.A. The insured pedestrian ...

Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...

Jumping into back of pick-up sufficient to occupy it

10. March 2020 0
Insurance law – Accident and sickness insurance – Priority coverage – Interpretation of policy – Entitlement to benefits – Practice – Appeals – Standard of review Liberty Mutual Insurance v. Intact Insurance, [2019] N.J. No. 392, 2019 NLCA 76, Newfoundland and Labrador Court of Appeal, December 20, 2019, B.G. Welsh, L.R. Hoegg and W.H. Goodridge ...

Insurer pays for insured to dispute scope of proposed repairs

10. March 2020 0
Insurance law – Fire insurance – Extension – Interpretation of policy Be In Christ Church of Canada (c.o.b. Welland Brethren in Christ Church) v. Intact Insurance Co., [2019] O.J. No. 6485, 2019 ONSC 7412, Ontario Superior Court of Justice, December 20, 2019, D.L. Edwards J. A dispute arose following a fire loss. The insurer obtained ...

Tell your life insurer about your diabetes

10. March 2020 0
Insurance law – Life insurance – Misrepresentation by insurer – Practice – Summary judgments Kulp Estate v. Cumis Life Insurance, [2019] O.J. No. 6541, 2019 ONSC 7495, Ontario Superior Court of Justice, December 23, 2019, W.U. Tausendfreund J. The insurer brought a summary judgment motion to dismiss the insured’s claims on the basis that there ...