In determining whether an insurer has an obligation to defend an insured, the court may not look beyond the pleadings. A court should not look beyond the pleadings if the extrinsic evidence is contentious and may effect the underlying action.

25. January 2008 0
A general contractor had a commercial general liability insurance that contained a clause that excluded coverage for property damage caused by the general contractor.  The property being developed suffered substantial damages and the developer sued the general contractor and a number of sub contractors.  A contentious issue was whether one of defendants was a sub ...

A go-kart is not an automobile. Car insurance does not provide coverage to an insured involved in a go-kart accident.

20. January 2008 0
A man insured under a standard Ontario automobile insurance policy injured his son while go-karting. His son sued him and the operator of the go-kart track for injuries suffered in the accident.  The father sued his automobile insurer for coverage under his automobile policy.  A motion’s judge determined that a go-kart did not constitute an ...

An insured can choose which tortfeasor to claim from to maximize her entitlement to insurance benefits

26. November 2007 0
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...

Use of a car to transport oneself to a location does not create insurance coverage under an automobile policy for actions perpetrated at the location by the people transported by the vehicle

22. November 2007 0
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle.  ...

A person who transports himself to a location is not entitled to coverage under his automobile policy for actions taken after he has left his vehicle

21. November 2007 0
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle.  ...

An automobile insurer cannot bring a subrogated claim for property damage in Ontario

20. November 2007 0
Ontario’s “no-fault” regime prohibits all tort actions against a negligent party for recovery of property damage. This prohibition applies not only to claims of individuals, but also to subrogated claims brought by insurers. Clarendon National Insurance v. Candow, 2007 ONCA 680, Ontario Court of Appeal, J.C. MacPherson, R.J. Sharpe and R.G. Juriansz JJ.A., October 5, 2007