A snow plow was held to be a “heavy commercial vehicle” for the purposes of the Ontario loss transfer provisions. Use of the phrase “and includes” in the applicable regulation expanded the types of automobiles captured under section.

17. November 2015 0
Insurance law – Automobile insurance – Automobile – Definition – Heavy commercial vehicle – No-fault coverage – Loss transfer provision – Use of vehicle – Statutory provisions Dominion of Canada General Insurance Co. v. Aviva Canada Inc., [2015] O.J. No. 5153, 2015 ONSC 6195, Ontario Superior Court of Justice, October 6, 2015, C. J. Brown ...

The insured’s claims against the strata corporation and the strata insurer were dismissed after a fire caused by a tenant’s clandestine drug laboratory only caused damage to the insured’s strata unit. The quantum of damage was less than the strata corporation’s $50,000 deductible, which was not an unreasonable deductible value.

17. November 2015 0
Insurance law – Property insurance – Strata corporations – Damages – Deductible – Remediation – Loss of income – Homeowner’s insurance – Exclusions Louie v. Strata Plan VR-1323, [2015] B.C.J. No. 2186, 2015 BCSC 1832, British Columbia Supreme Court, October 8, 2015, B.M. Greyell J. The insured’s strata unit was badly damaged from a fire caused ...

Indemnity was extended to the badly injured driver of a motor vehicle after an intoxicated passenger intentionally grabbed the steering wheel, causing the vehicle to crash because the word “use” in the legislation included use by a passenger while the vehicle was being used as a motor vehicle

17. November 2015 0
Insurance law – Automobile insurance – Interpretation of policy – Coverage – No-fault coverage – Chain of causation – Ownership use or operation of motor vehicle – Use of vehicle – Statutory provisions Felix v. Insurance Corporation of British Columbia, 2015 B.C.J. No. 2024, 2015 BCCA 394, Court of Appeal for British Columbia, September 23, ...

Appeal allowed in favour of the insurer as the pollution exclusion applied to exclude coverage for damages caused by the release of pollutants partly as a result of a fire

Insurance law – Commercial general liability insurance – Interpretation of policy – Exclusions – Pollution exclusions – Duty to defend – Appeals – Standard of review – Pleadings – Underlying action Precision Plating Ltd. v. Axa Pacific Insurance Co., [2015] B.C.J. No. 1262, 2015 BCCA 277, British Columbia Court of Appeal, June 18, 2015, P.A. ...

Declaration that the insured was entitled to statutory accident benefits after the insured tripped over a parked motorcycle as the temporary parking of the motorcycle was an ordinary well-known activity and the motorcycle operator’s conduct in parking the motorcycle was the direct cause of the insured’s injuries

Insurance law – Automobile insurance – Benefits – Statutory Accident Benefits Schedule – Ownership use or operation of motor vehicle – Chain of causation Economical Mutual Insurance Co. v. Caughy, [2015] O.J. No. 3008, 2015 ONSC 3251, Ontario Superior Court of Justice, June 10, 2015, R.J. Nightingale J. Application by the insurer for a determination ...

Section 263(5)(a.1) of the Insurance Act, R.S.O. 1990, c 1.8 allowed the insured to recover property damages in excess of those paid by the insurer from the other driver in a motor vehicle accident pursuant to a handwritten contract where the parties had not agreed to forego their rights to claim under their insurance coverage.

Insurance law – Automobile insurance – Policies and insurance contracts – Actions – Statutory provisions – Contracts – Interpretation – Liability insurance – Motor vehicle accidents – Property damage Hafeez v. Sunaric, [2015] O.J. No. 3286, 2015 ONSC 4065, Ontario Superior Court of Justice, June 23, 2015, P.M. Perell J. The insured was involved in ...

An award of $4.5 million in punitive damages against two insurers was found to be so high as to be irrational and was reduced to a total of $675,000. Similarly, $450,000 in damages for mental distress was too extravagant and was reduced to a total of $45,000.

Insurance law – Accident and sickness insurance – Bad faith – Damages – Punitive damages – Mental distress – Conflict of laws – Choice of law Branco v. American Home Assurance Co., [2015] S.J. No. 286, 2015 SKCA 71, Saskatchewan Court of Appeal, June 19, 2015, R.G. Richards C.J.S., J.G. Lane and M.J. Herauf JJ.A. ...

Motor Vehicle Policy Found Not to be Assignable

Motion for summary judgement brought against the insurer by a plaintiff who claimed to be an assignee of the insured’s automobile policy. The action was dismissed. The policy was not assignable in the circumstances. Alternatively, the policy had not been breached and therefore no cause of action was available to the insured or an assignee. Insurance law ...