Duty to defend cannot rest on a generic prayer for relief

13. October 2020 0
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...

Don’t keep your grow-op a secret from your home insurer

Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...

No limits on mitigation of loss coverage

Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...

Title insurance did not cover costs to repair new home with severe water leakage problems later subject to a remediation order

Insurance law – Homeowner’s insurance – Title insurance – Water damage – Remediation – Interpretation of policy – Practice – Summary judgments Steer v. Chicago Title Insurance Co., [2019] A.J. No. 565, 2019 ABQB 318, Alberta Court of Queen’s Bench, May 6, 2019, M.H. Hollins J. The plaintiffs purchased a newly built duplex and discovered severe ...

Automobile insurer’s denial of coverage on the basis that the insured failed to attend a medical examination was upheld on appeal

09. April 2019 0
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 ...

Structural damage resulting from parking lot repairs was faulty workmanship, which was excluded from coverage under multi-peril insurance policy

13. November 2018 0
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 ...

The title insurer was liable to indemnify the purchaser of a cottage containing latent structural deficiencies which flowed from an inadequate building process and made the home unsafe for occupancy

14. August 2018 0
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 ...