Broker not liable for underinsuring insured’s property

15. September 2020 0
Insurance law – Property insurance – Agents and Brokers – Duties and liabilities of agent – Breach of contract – Failure to obtain reasonable coverage – Practice – Leave to appeal 2049390 Ontario Inc. v. Leung, [2020] O.J. No. 935, 2020 ONCA 164, Ontario Court of Appeal, March 3, 2020, D.H. Doherty, D.M. Brown and ...

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 ...

Don’t wait nine years to give your insurer notice of a claim

10. March 2020 0
Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers ...

Insurer potentially liable for broker’s negligence

13. August 2019 0
Insurance law – Homeowner’s insurance – Business exclusion – Agents and brokers – Failure to advise of exclusion clauses – Vicarious liability – Breach of contract – Practice – Summary judgments Lynk v. Cooperators General Insurance Co., [2019] A.J. No. 746, 2019 ABQB 417, Alberta Court of Queen’s Bench, June 5, 2019, J.M. Ross J. The defendant ...