Insurance law – Directors and officers liability insurance – Wrongful acts – Duty to defend – Interpretation of policy – Terms of policy – Duties and liabilities of insurer Goodfellow v. CUMIS General Insurance Co., [2021] O.J. No. 2744, 2021 ONSC 3604, Ontario Superior Court of Justice, May 18, 2021, P.J. Cavanagh J. Five former ...
Insurance law – Automobile insurance – Good faith – Statutory provisions – Damages – Punitive damages – Duties and liabilities of insurer – Actions – Criminal acts Barata v. Intact Insurance Co., [2021] A.J. No. 736, 2021 ABQB 419, Alberta Court of Queen’s Bench, May 28, 2021, G.S. Dunlop J. The insured sought damages from ...
Insurance law – Liability insurance – Property damage – Wrap up policies – Interpretation of policy – Duty to defend – Construction development Crosslinx Transit Solutions Constructors v. Capital Sewer Serving Inc., [2021] O.J. No. 471, 2021 ONSC 1091, Ontario Superior Court of Justice, February 2, 2021, M. Koehnen J. The applicant contractor sought an ...
Insurance law – Builder’s risk policy – Subcontractors – Exclusions – Interpretation of policy – Practice – Leave to Appeal Sher-Bett Construction (Manitoba) Inc. v. Co-Operators General Insurance Co., [2021] M.J. No. 35, 2021 MBCA 10, Manitoba Court of Appeal, February 11, 2021, D.M. Cameron, K.I. Simonsen and L.T. Spivak JJ.A. The insured appealed the ...
Insurance law – Commercial general liability insurance – Pollution exclusions – Duty to defend – Interpretation of policy Hemlow Estate v. Co-operators General Insurance Co., [2021] O.J. No. 419, 2021 ONSC 664, Ontario Superior Court of Justice, January 29, 2021, J.R.H. Turnbull J. The deceased insured worked in the oil analysis business as an oil ...
Insurance law – Errors and omissions policies – Duty to defend – Named insured – Employee – Interpretation of policy – Contra proferentum rule – Defamation – Damages – Punitive damages Brown v. Sovereign General Insurance Co., [2021] O.J. No. 297, 2021 ONSC 511, Ontario Superior Court of Justice, January 21, 2021, P.M. Perell J. ...
Ontario Court of Appeal upholds ruling that the plaintiff is not entitled to recover judgment against insurer after notice of action against insured was provided nine years after action was commenced. Insurance law – Actions – Third parties – Relief against forfeiture – Practice – Notice – Leave to appeal Svia Homes Ltd. v. Northbridge ...
A claim for accidental death benefits was dismissed where the insured suffered a cardiac event and ultimately drowned while fishing. Insurance law – Accident and sickness insurance – Benefits – Exclusions – Pre-existing condition – Interpretation of policy Downey v. Scotia Life Insurance Co., [2020] A.J. No. 1118, 2020 ABQB 638, Alberta Court of Queen’s ...
Ontario Court of Appeal upholds ruling that insureds made willfully false statements in Proof of Loss and are not entitled to relief from forfeiture Insurance law – Homeowner’s insurance – Proof of loss – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions – Practice – Leave to appeal – Relief against ...
