Insurance law – Automobile insurance – Independent medical examination – Terms of policy – Breach of policy – Practice – Leave to appeal Greenidge v. Allstate Insurance Co., [2019] A.J. No. 151, 2019 ABCA 52, Alberta Court of Appeal, February 8, 2019, P.T. Costigan, F.L. Schutz and M.G. Crighton JJ.A. The insured appealed the lower ...
Insurance law – Disability insurance – Life insurance – Breach of policy – Breach of good faith – Limitation of actions – Practice – Summary judgments Richards Estate v. Industrial Alliance Insurance and Financial Services, [2019] N.S.J. No. 42, 2019 NSSC 3, Nova Scotia Supreme Court, February 5, 2019, A.E. Smith J. The plaintiffs, on behalf ...
Insurance law – Property insurance – Strata corporations – Multi-peril policy – Exclusions – Appeals – Standard of review Condominium Corp. No. 9312374 v. Aviva Insurance Co. of Canada, [2018] A.J. No. 1140, 2018 ABQB 674, Alberta Court of Queen’s Bench, September 19, 2018, R.J. Hall J. The insurer successfully appealed a Master’s decision finding ...
Insurance law – Title insurance – Exclusions – Coverage – Latent defect Breen v. FCT Insurance Co., [2018] O.J. No. 3260, 2018 ONSC 3644, Ontario Superior Court of Justice, June 14, 2018, M.P. Eberhard J. The insured purchased a cottage in 1999, which had been built years earlier by a previous owner pursuant to a ...
Insurance law – Liability insurance – Errors and omissions policy – Interpretation of policy – Notice Surespan Structures Ltd. v. Lloyd’s Underwriters, [2018] BCJ No. 1251, 2018 BCSC 1058, British Columbia Supreme Court, June 27, 2018, Winteringham, J. The petitioners, Surespan Structures Ltd. (“Surespan”) and HGS Limited (“HGS”), sought a declaration that they were insureds ...
Insurance law – Property insurance – Landlord and tenant – Subrogation – Right of insurer to subrogation – Practice – Appeals – Standard of review Youn v. 1427062 Alberta Ltd., [2018] A.J. No. 397, 2018 ABQB 241, Alberta Court of Queen’s Bench, March 27, 2018, C.L. Kenny J. The landlord owned commercial property that included ...
A breach of contract claim for failing to add a party as an additional insured in a contractor’s liability policy was time-barred by virtue of the operation of Ontario’s Limitation Act. Insurance law – Liability insurance – Additional named insured – Duty to defend – Contracts – Privity of contract – Limitation of actions Brookstreet ...
An insured’s homeowner’s policy was held not to operate as an excess liability policy, obligating the insurer to contribute to defence costs and settlement respecting a lawsuit arising out of a fall that occurred after hours at the insured’s business premises. Insurance law – Homeowner’s insurance – Bodily injury – Corporate capacity – Excess liability ...
The insurer had a duty to defend a hospital employee who was sued for invasion of privacy allegedly arising out of the insured’s unauthorized access to medical records of a patient outside the insured’s circle of care. Insurance law – Liability insurance – Named insured – Duty to defend – Interpretation of policy Oliveira v. ...
