Insurance law – Homeowner’s insurance – Exclusions – Interpretation of policy Emond v. Trillium Mutual Insurance Co., [2022] O.J. No. 4347, 2022 ONSC 5519, Ontario Superior Court of Justice, September 29, 2022, R.M.R. Bell J. The insureds brought an application against their home insurer seeking indemnity for the costs of rebuilding their house which was ...
Insurance law – Liability insurance – Special events – Breach of policy – Interpretation of policy – void Ab Initio – Duty to defend – Duties and liabilities of insurer – Practice – Leave to appeal – Costs Lloyd’s Underwriters v. Jagoe, [2022] N.B.J. No. 52, 2022 NBCA 7, New Brunswick Court of Appeal, March ...
Insurance law – Life insurance – Criminal offences – Exclusions – Duties and liabilities of insurer – Practice – Summary judgments Jantzen Estate (Personal Representative of) v. TD Life Insurance Co., [2022] S.J. No. 171, 2022 SKQB 113, Saskatchewan Court of Queen’s Bench, April 18, 2022, D.G. Gerecke J. The insurer applied for summary judgment ...
Insurance law – Homeowner’s insurance – Fire – Breach of policy – Good faith – Interpretation of legislation – Damages – Punitive damages – Practice – Summary judgments Green Estate v. Sonnet Insurance Co., [2022] B.C.J. No. 768, 2022 BCSC 709, British Columbia Supreme Court, May 3, 2022, W.B. Milman J. An executor brought an ...
Insurance law – Property law – Landlord and tenant – Criminal acts – Exclusions – Marijuana – Illegal activity – Interpretation of legislation – Retroactive application of legislation – Practice – Leave to appeal Lin v. Weng, [2022] O.J. No. 2150, 2022 ONCA 367, Ontario Court of Appeal, May 9, 2022, K.N. Feldman, K.M. van ...
Insurance law – Homeowner’s insurance – Statutory provisions – Interpretation – Bad faith – Appraisals – Appraiser – Practice – Leave to appeal Campbell v. Desjardins General Insurance Group, [2022] O.J. No. 719, 2022 ONCA 128, Ontario Court of Appeal, February 15, 2022, M.L. Benotto, D.M. Brown and A.L. Harvison Young JJ.A. The insurer appealed ...
Insurance law – Commercial general liability insurance – Builder’s risk policy – Duty to defend – Negligent misrepresentation – Occurrence – Class actions Theberge Developments Ltd. v. Aviva Insurance Co. of Canada Inc., [2021] O.J. No. 6589, 2021 ONSC 7662, Ontario Superior Court of Justice, November 19, 2021, R.J. Smith J. No duty to defend ...
Insurance law – Automobile insurance – Exclusions – Intentional or criminal acts – Breach of policy – Estoppel – Practice – Appeals Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, [2021] S.C.J. No. 47, 2021 SCC 47, Supreme Court of Canada, November 18, 2021, R. Wagner C.J. and ...
Insurance law – Homeowner’s insurance – Exclusions – Changes in policy – Material change in risk – Good faith – Limitation of actions Lafferty v. Co-operators General Insurance Co., [2021] A.J. No. 1423, 2021 ABCA 359, Alberta Court of Appeal, October 26, 2021, K.P. Feehan, L.B. Ho and A. Kirker JJ.A. The insureds had a ...
