Property insurance – Proof of loss – Mandatory appraisal – Bad faith – Statutory provisions – Practice – Appeals – Summary judgments – Duties and liabilities of insured Truscott v. Co-Operators General Insurance Co., [2023] O.J. No. 1709, 2023 ONCA 267, Ontario Court of Appeal, April 19, 2023, E.E. Gillese, M.H. Tulloch and L.B. Roberts ...
Insurance law – Accident and sickness insurance – Death benefits – Exclusions – Interpretation of policy – Practice – Summary judgments Arbabbahrami Estate V. MSH International (Canada) Ltd., [2022] O.J. No. 4535, 2022 ONSC 5723, Ontario Superior Court of Justice, October 11, 2022, R. Centa J. The Court held that the deceased insured’s estate was ...
Insurance law – Property insurance – Duty to defend – Exclusions – Extrinsic evidence – Practice – Appeals AIG Insurance Co. of Canada v. Lloyd’s Underwriters, [2022] O.J. No. 4509, 2022 ONCA 699, Ontario Court of Appeal, October 14, 2022, E.E. Gillese, G. Huscroft and L. Sossin JJ.A. The Ontario Court of Appeal upheld the ...
Insurance law – Liability insurance – Strata corporations – Wrap up policies – Property damage – Exclusions – Deductible – Additional named insured – Duty to defend – Practice – Appeals GFL Infrastructure Group Inc. v. Temple Insurance Company, [2022] O.J. No. 2312, 2022 ONCA 390, Ontario Court of Appeal, May 16, 2022, J.C. MacPherson, ...
Insurance law – Homeowner’s insurance – Water damage – Exclusions – Interpretation of policy – Practice – Summary judgments Gill v. Wawanesa Mutual Insurance Co., [2022] B.C.J. No. 1048, 2022 BCSC 981, British Columbia Supreme Court, June 10, 2022, C.J. Giaschi J. The insured sought coverage from his insurer pursuant to the sewer back-up endorsement ...
Insurance law – Property insurance – Exclusions – Pollution – Duty to defend – Practice – Breach of contract vs. negligence – Leave to appeal Hemlow Estate v. Co-Operators General Insurance Co., [2021] O.J. No. 7078, 2021 ONCA 908, Ontario Court of Appeal, December 20, 2021, J.C. MacPherson, J.M. Simmons and I.V.B. Nordheimer JJ.A. The ...
Insurance law – Life insurance – Criminal offences – Misrepresentation in obtaining insurance – Material change in risk – Damages – Costs in lieu of punitive damages Watson Estate v RBC Life Insurance Co of Canada, [2021] O.J. No. 4127, 2021 ONSC 5305, Ontario Superior Court of Justice, July 30, 2021, R.J. Mandhane J. The ...
The claim of a spectator, who was struck on the head by a foul ball from an adjacent baseball diamond, was dismissed. Insurance law – Liability insurance – Occupiers liability – Statutory provisions – Definitions – Duty to notify – Risk – Practice – Summary judgments Rivers v. North Vancouver (District), [2020] B.C.J. No. 1131, ...
The insurer was precluded from bringing a claim for contribution and indemnity from its insured due to the waiver of subrogation in the policy, even though the insured was not covered by the policy. Insurance law – Liability insurance – Wrap up policies – Additional named insured – Exclusions – Subrogation – Practice – Summary ...
