‘Till liability do us part: wedding bartender’s joint liability results in deduction for underinsured motorist coverage

13. October 2020 0
Underinsured motorist coverage allows deduction of available insurance proceeds from jointly liable parties Insurance law – Automobile insurance – Underinsured motorist – Third parties – Subrogation – Right of insurer to subrogation – Practice – Leave to appeal – Jury trials Tuffnail v. Meekes, [2020] O.J. No. 2371, 2020 ONCA 340, Ontario Court of Appeal, ...

Insurance coverage for a rainy day

13. October 2020 0
Coverage granted under a flood endorsement in an all risks policy for entry of water due to heavy rainfall Insurance law – All-risk insurance – Exclusions – Interpretation of policy – Business interruption – Damages – Economic loss – Practice – Leave to appeal – Insured – Rights, duties and liabilities Le Treport Wedding & ...

Policy interpretation drives the bus

13. October 2020 0
Coverage granted under commercial automobile policy for bus involved in an accident the day after acquisition Insurance law – Automobile insurance – Ownership of vehicle – Material change in risk – Interpretation of policy – Duty to defend – Insurer – Rights, duties and liabilities PK Construction Ltd. v. Aviva Insurance, [2020] N.S.J. No. 252, ...

Having your cake but not eating it – how entitlement to future insurance benefits can lead to a big deduction from a trial award

13. October 2020 0
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...

Consider the words of the claim when contemplating coverage

13. October 2020 0
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...

Duty to defend cannot rest on a generic prayer for relief

13. October 2020 0
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...

Mixed success on multiple vehicle arson claim motions

15. September 2020 0
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...