The insurer was not obliged to defend and indemnify the adult child of the named insured because the adult child was not a member of the insured’s household

08. March 2019 0
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 ...

A pedestrian qualified for coverage under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse for regular use at the time the pedestrian was struck by a motor vehicle

08. March 2019 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Interpretation of policy – Excess liability Murphy v. Savoie, [2019] O.J. No. 72, 2019 ONSC 121, Ontario Superior Court of Justice, January 8, 2019, E.M. Morgan J. A pedestrian who was struck by a motor vehicle sought coverage under an insurance policy which covered ...

Two insurance policies had the same “other insurance” clauses which made the policies excess insurance when other insurance was applicable. The two insurers were required to share equally in the defence and indemnity of the insured.

08. March 2019 0
Insurance law – Homeowner’s insurance – Multiple policies – Overlapping policies – Different insurer – Interpretation of policy – Exclusions – Excess liability – Duty to defend – Practice – Appeals TD General Insurance Co. v. Intact Insurance Co., [2019] O.J. No. 60, 2019 ONCA 5, Ontario Court of Appeal, January 9, 2019, R.G. Juriansz, ...

The insurer’s denial of coverage for an Intellibed Mattress was not improper and accordingly a bad faith claim could not succeed

08. March 2019 0
Insurance law – Automobile insurance – Interpretation of policy – Statutory provisions – Independent medical examination – Bad faith – Practice – Summary judgments Rahall v. Intact Insurance Co., [2019] A.J. No. 82, 2019 ABPC 11, Alberta Provincial Court, January 15, 2019, S.L. Corbett Prov. Ct. J. The insurer denied coverage for an Intellibed Mattress ...

Insured operating cold storage business entitled to defence with respect to claim by customer for damages arising from loss of products

12. February 2019 0
Insurance law – Commercial general liability insurance – Exclusions – Duty to defend – Practice – Appeals Intact Insurance Co. v. Clauson Cold & Cooler Ltd., [2018] A.J. No. 1470, 2018 ABQB 997, Alberta Court of Queen’s Bench, December 7, 2018, N. Dilts J. The Alberta Court of Queen’s Bench heard an appeal by the ...

Insureds entitled to benefit of previous life insurance policy where subsequent replacement policy voided for misrepresentation

12. February 2019 0
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Third parties – Practice – Summary judgments Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, Alberta Court of Queen’s Bench, November 22, 2018, G.S. Dunlop J. The insureds brought a summary trial application seeking a declaration as ...

A sandbar is not a highway

12. February 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Statutory provisions – Practice – Appeals – Summary judgments Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482, British Columbia Court of Appeal, December 20, 2018, S.D. Frankel, K.C. Mackenzie and D.C. Harris JJ.A. The British Columbia Court of Appeal heard ...