The Court of Appeal affirmed that the insurer was estopped from denying coverage during litigation due to prejudice. Insurance law – Homeowner’s insurance – Duty to defend – Estoppel – Practice – Appeals Commonwell Mutual Insurance Group v. Campbell, [2019] O.J. No. 4357, 2019 ONCA 668, Ontario Court of Appeal, August 26, 2019, D. Paciocco, ...
Insurance law – Automobile insurance – Breach of policy – Relief against forfeiture – Practice – Appeal – Summary judgments Ruddell v. Gore Mutual Insurance Co., [2019] O.J. No. 2130, 2019 ONCA 328, Ontario Court of Appeal, April 25, 2019, K.M. van Rensburg, C.W. Hourigan and G. Huscroft JJ.A. The insured’s son was the driver of ...
Insurance law – Automobile insurance – Benefits – Motor vehicle accidents – Bad faith Malloy v. Intact Insurance Co., [2019] N.S.J. No. 170, 2019 NSSC 131, Nova Scotia Supreme Court, April 29, 2019, J.S. Campbell J. The insured was injured in a motor vehicle accident. The insurer accepted the claim for accident benefits, but denied ...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts Obront v. Dominion of Canada General Insurance Co., [2019] O.J. No. 367, 2019 ONSC 594, Ontario Superior Court of Justice, January 25, 2019, L.A. Pattillo J. The insured sought a declaration that the insurer was obliged to defend and indemnify him ...
Insurance law – Homeowner’s insurance – Duty to defend – Members of a household – Interpretation of policy – Practice – Appeal Ferro v. Weiner Estate, [2019] O.J. No. 386, 2019 ONCA 55, Ontario Court of Appeal, January 28, 2019, C.W. Hourigan, B. Miller and G.T. Trotter JJ.A. The insurer appealed a summary trial decision ...
The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5). Insurance law – Automobile insurance – Diminished value – Interpretation of policy – Statutory provisions – Practice – Summary judgments Dion v. Security National Insurance Co., [2018] A.J. No. 1222, 2018 ABPC ...
Insurance law – Liability insurance – General contractors – Third parties – Interpretation of policy – Practice – Summary judgments SWAT Consulting Ltd. v. Canadian Western Bank, [2018] A.J. No. 1250, 2018 ABQB 875, Alberta Court of Queen’s Bench, October 24, 2018, Master J.T. Prowse The insurer indemnified the insured for the costs to clean-up ...
Insurance law – Automobile insurance – Third parties – Duty to defend – Limitation of actions – Jurisdiction – Uninsured motorist Harte v. Lavrov, [2018] O.J. No. 3965, 2018 ONSC 4368, Ontario Superior Court of Justice, July 26, 2018, R.A. Lococo J. A vehicle owned by the insured rear-ended the plaintiff in Ontario. The insured’s ...
Insurance law – Automobile insurance – Breach of policy – Good faith – Estoppel – Duties and liabilities of insurer – Waiver Bradfield v. Royal and Sun Alliance Insurance Co. of Canada, [2018] O.J. No. 4072, 2018 ONSC 4477, Ontario Superior Court of Justice, July 20, 2018, A. Sosna J. This action arose out of ...