Insurance law – Disability insurance – Benefits – Good faith, breach of – Damages – Mental distress – Punitive damages – Costs – Special or increased costs Godwin v. Desjardins Financial Security Investments Inc., [2018] B.C.J. No. 783, 2018 BCSC 690, British Columbia Supreme Court, May 1, 2018, A. Saunders J. The insured brought an ...
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 ...
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 ...
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. ...
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 ...
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 ...
A U.S. state with statutory limits on tort payments following a motor vehicle accident is considered an inadequately insured motorist allowing an insured to claim against his or her own underinsured motorist coverage. Insurance law – Automobile insurance – Underinsured motorist – Interpretation of policy – Practice – Leave to appeal – Standard of review ...
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. 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 ...