Court of Appeal varies deductions of Part 7 benefits from award for loss of earning capacity Insurance law – Automobile insurance – Statutory provisions – Loss of earning capacity benefits – Deductibility – Future benefits – Practice – Leave to appeal Tompkins v. Meisters, [2023] B.C.J. No. 1631, 2023 BCCA 335, British Columbia Court of Appeal, August 17, 2023, H. ...
Insurance law – Commercial general liability insurance – Intentional acts – Exclusions – Duty to defend – Duties and liabilities of insurer – Class actions Ontario v. St. Paul Fire and Marine Insurance Co., [2023] O.J. No. 1170, 2023 ONCA 173, Ontario Court of Appeal, March 15, 2023, D. Paciocco, J.C. George and L.G. Favreau ...
Insurance law – Property insurance – Valuation of property – Good faith – Duties and liabilities of insured Oraniewicz v. Intact Insurance Co., [2023] B.C.J. No. 470, 2023 BCSC 400, British Columbia Supreme Court, March 16, 2023, D.K. Hori J. The insured owned and operated a restaurant and hotel in Kimberly, British Columbia. The insurer ...
Insurance law – Commercial general liability insurance – Professional negligence – Multiple policies – Apportionment and contribution – Disputes between insurers – Practice – Leave to Appeal Northbridge General Insurance Co. v. Aviva Insurance Co., [2022] O.J. No. 3086, 2022 ONCA 519, Ontario Court of Appeal, July 7, 2022, M.L. Benotto, B. Zarnett and L. ...
Insurance law – Commercial general liability insurance – Duty to defend – Practice – Leave to appeal – Summary judgments Demme v. Healthcare Insurance Reciprocal of Canada, [2022] O.J. No. 2976, 2022 ONCA 503, Ontario Court of Appeal, June 30, 2022, E.E. Gillese, G.I. Pardu and D.M. Brown JJ.A. An employee of a hospital, a ...
Insurance law – Marine insurance – Agents and brokers – Negligent misrepresentation – Jury trials – Striking jury notice Arctic Pearl Fishing Ltd. v. Intact Insurance Co., [2022] B.C.J. No. 1665, 2022 BCSC 1549, British Columbia Supreme Court, September 2, 2022, Master K.A. Robertson The insured acquired a commercial fishing vessel and insured it with ...
Insurance law – Business interruption insurance – Extensions – Interpretation of policy – Contra proferentum rule – Practice – Appeals – Standard of review 202135 Ontario Inc. (c.o.b. Helping Hands Daycare) v. Northbridge General Insurance Corp., [2022] O.J. No. 1844, 2022 ONCA 304, Ontario Court of Appeal, April 19, 2022, K.N. Feldman, S.E. Pepall and ...
Insurance law – Credit insurance – Interpretation of policy – Contra proferentum rule 908593 Ontario Ltd. (c.o.b. Eagle Travel Plaza) (Court appointed receiver of) v. Atradius Credito Y Caucion S.A. de Segyros Y Reaseguros, [2022] O.J. No. 1932, 2022 ONSC 2517, Ontario Superior Court of Justice, April 15, 2022, B.A. Conway J. The insured carried ...
Insurance law – Title insurance – Duty to defend – Practice – Appeals 1152729 BC Ltd. v. Chicago Title Insurance Co. Canada, [2022] O.J. No. 1969, 2022 ONCA 321, Ontario Court of Appeal, April 27, 2022, K.N. Feldman, S.E. Pepall and M.H. Tullock JJ.A. The insurer provided the insured with title insurance. The insured called ...
