In a trademark infringement claim coverage for “advertising injury” was not clearly excluded by “Expected or Intended Advertising Injury or Personal Injury” or “Intellectual Property Laws Or Rights” exclusions in liability policy. Insurance law – Commercial general liability insurance – Advertising injury – Intellectual property – Duty to defend – Exclusions Royal & Sun Alliance ...
Insureds’ claims for indemnity under insurance policies were barred because of the previous appraisal process under Statutory Condition 11 and Section 128 of the Insurance Act. Insurance law – Policies and insurance contracts – Multi-peril policy – Property insurance – Damages – Statutory conditions – Mandatory appraisal – Bad faith – Limitation of actions – ...
A statutory cap on damages recoverable in a motor vehicle accident results in an insured being “underinsured” pursuant to the OPCF 44R Family Protection Coverage endorsement in Ontario to the extent damages exceed that cap. Insurance law – Automobile insurance – Coverage – Underinsured motorist – Interpretation of policy – Statutory provisions – Jurisdiction – ...
On summary judgment application court dismissing insured’s claim for coverage under the unidentified driver provisions of his policy of motor vehicle insurance. Insurance law – Automobile insurance – Unidentified motorist Ding (Litigation Guardian of) v. John Doe, [2016] O.J. No. 1393, 2016 ONSC 1690, Ontario Superior Court of Justice, March 15, 2016, S.N. Lederman J. The action arose out of a motor vehicle accident. ...
Insurer was obligated to pay a loss of rental income claim under a property insurance policy following a fire because the tenant was under no obligation to pay rent after the fire. Insurance law – Property insurance – Landlord and tenant – Business interruption insurance – Loss of income – Leases 224981 Ontario Inc. v. ...
Insured was held not to have known of the existence of a marijuana grow operation on her rented premises. Insurance law – Property insurance – Fire insurance – Policies and insurance contracts – Statutory conditions – Void policy – Exclusions – Material non-disclosure – Misrepresentation in obtaining insurance – Material change in risk – Rights ...
Municipal work orders do not need to be registered against title to affect the marketability of the property. Insurance law – Title insurance – Policies and insurance contracts – Interpretation of policy – Coverage – Indemnity – Municipal work orders – Ownership of property MacDonald v. Chicago Title Insurance Co. of Canada, [2015] O.J. No. 6350, 2015 ...
There was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy. Insurance law – Accident and sickness insurance – Group insurance – Interpretation of policy – Benefits – Waiting period – Total disability – Entitlement to benefits – Disability insurance – Exclusions Funk ...
Insurance law – Commercial general liability insurance – Pleadings – Underlying action – Duty to defend – Coverage – Property damage – Occurrence – Accident – definition – Defective workmanship Selk Ventures Corp. v. Canadian Northern Shield Insurance Co., [2015] B.C.J. No. 1173, 2015 BCSC 964, British Columbia Supreme Court, June 5, 2015, T.M. McEwan J. ...
