The insured’s claim for punitive and aggravated damages for conduct relating to provision of statutory accident benefits was dismissed. The insured had settled her claim for benefits with her benefits provider and signed a release and could not therefore maintain her claim for punitive and aggravated damages against another party which had originally provided her ...
Insurance law – Property insurance – Arson – Evidence – Landlord and tenant – Material change in risk – Failure to notice – Practice – Appeal Wynward Insurance Group v. Smith Building and Development Ltd., [2023] S.J. No. 178, 2023 SKCA 57, Saskatchewan Court of Appeal, May 12, 2023, L.M. Schwann, J.A. Tholl and J.D. ...
Insurance law – Commercial general liability insurance – Exclusions – Interpretation of policy – Duty to defend – Practice – Pleadings – Class actions Aviva Insurance Co. of Canada v. 8262900 Canada Inc. (c.o.b. Carepartners/Community Nursing Services Foundation), [2023] O.J. No. 2041, 2023 ONSC 2641, Ontario Superior Court of Justice, May 1, 2023, M. Koehnen ...
Insurance law – Automobile insurance – Automobile, definition – Statutory provisions [interpretation] – Appeals Beaudin v. Travelers Insurance Co. of Canada, [2022] O.J. No. 5102, 2022 ONCA 806, Ontario Court of Appeal, November 23, 2022, E.E. Gillese, B. Miller and S.A. Coroza JJ.A. The insured was riding a dirt bike in a closed course competition ...
Insurance law – Liability insurance – Wrongful acts – Exclusions – Occurrence vs. claims-based policy Colliers International Group Inc. v. Liberty Mutual Insurance Co., [2022] O.J. No. 4801, 2022 ONSC 6184, Ontario Superior Court of Justice, November 1, 2022, F.L. Myers J. The insured sought indemnity under a claims made professional liability policy. The insurer ...
Insurance law – Property insurance – Insurable interest – Practice – Summary judgments Angleland Holdings Inc. v. Lloyd’s Underwriters, [2021] B.C.J. No. 2234, 2021 BCSC 2019, British Columbia Supreme Court, October 15, 2021, D.W. Thompson J. This was a summary trial on the sole issue of whether the insured had an insurable interest in a ...
Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...
Insurance company was required to defend the insured in an underlying action. This was in spite of the insured potentially having made material misrepresentations that will void the coverage if required to pay a judgment. Insurance law – Errors and omissions policies – Misrepresentation in obtaining insurance – Exclusions – Copyright breach – Duty to ...
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...
