A driver’s automobile insurance policy will respond prior to the owner’s umbrella liability policy

10. April 2018 0
Insurance law – Automobile insurance – Liability insurance – Multiple policies – Priority coverage – Excess liability coverage – Rights and duties of insurer – Practice – Appeals Benson v. Walt, [2018] O.J. No. 947, 2018 ONCA 172, Ontario Court of Appeal, February 22, 2018, R.J. Sharpe, H.S. LaForme, K.M. van Rensburg JJ.A Following a ...

The court cannot rely on legislative intent of another province to manufacture ambiguity in an otherwise unambiguous exclusion clause

10. April 2018 0
Insurance law – Automobile insurance – Interpretation of policy – Exclusions – Consent to drive – Contra proferentum rule – Practice – Appeals – Standard of review Cardinal v. Alberta Motor Association Insurance Co., [2018] A.J. No. 195, 2018 ABCA 69, Alberta Court of Appeal, February 21, 2018, P.T. Costigan, B.K. O’Ferrall, T.W. Wakeling JJ.A ...

Despite insured’s insurable interest in property held as collateral pursuant to a promissory note, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy

13. February 2018 0
An insured has an insurable interest in property held as collateral pursuant to a promissory note. However, in the present case, there was no coverage for the stolen property as a result of applicable exclusion clauses in the policy. Insurance law – Property insurance – Insurable interest – Promissory estoppel – Exclusions – Damages Windsor v. ...

Failure to rely upon a defence in settling a statutory accident claim does not prohibit an insurer from relying on that defence in the tort claim

13. February 2018 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Exclusions – Underinsured motorist – Uninsured motorist – Actions – Abuse of process – Practice – Settlement Wagner (Litigation guardian of) v. Fellows, [2017] O.J. No. 6329, 2017 ONSC 6979, Ontario Superior Court of Justice, December 5, 2017, A. Mullins J. The Minister of ...

Application judge’s reasons are inadequate and do not permit meaningful appellate review in duty to defend coverage issue

15. November 2017 0
In determing whether the duty to defend has been triggered, the chambers judge must provide adequate reasons that permit meaningful appellate review. Insurance law – Commercial general liability insurance – Additional named insured – Duty to defend – Interpretation of policy – Practice – Leave to appeal – Actions – Vicarious liability National Gallery of ...

Nova Scotia Court of Appeal upholds finding that “reckless” pre-contractual misrepresentations made by insured are not excused by the errors and omissions endorsement; reverses finding of liability against broker on basis that trial judge erred in formulating standard of care

08. August 2017 0
An errors and omissions endorsement does not relieve an insured of material misrepresentations made at the time of application for insurance. Fire insurance – Coverage – Interpretation of policy – Misrepresentation in obtaining insurance – Agents and brokers – Duties and liabilities of agent Grafton Connor Property Inc. (c.o.b. Grafton-Connor Group) v. Lloyd’s of London Underwriters, [2017] N.S.J. No. ...

Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim

08. August 2017 0
Statutory benefits to which the insured is eligible but opts not to claim are deductible from a long term disability claim. Group insurance – Long term disability benefits – Total disability – Statutory provisions – Damages – Tort claims – Summary judgments Wilken v. Sun Life Assurance Co., [2017] O.J. No. 3019, 2017 ONSC 3609, Ontario ...