Policy interpretation drives the bus

13. October 2020 0
Coverage granted under commercial automobile policy for bus involved in an accident the day after acquisition Insurance law – Automobile insurance – Ownership of vehicle – Material change in risk – Interpretation of policy – Duty to defend – Insurer – Rights, duties and liabilities PK Construction Ltd. v. Aviva Insurance, [2020] N.S.J. No. 252, ...

Having your cake but not eating it – how entitlement to future insurance benefits can lead to a big deduction from a trial award

13. October 2020 0
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 ...

Consider the words of the claim when contemplating coverage

13. October 2020 0
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...

Duty to defend cannot rest on a generic prayer for relief

13. October 2020 0
Insurer had no duty to defend a counterclaim which did not seek compensatory damages Insurance law – Errors and omissions policies – Coverage – Duty to defend – Damages – Insurer – Rights, duties and liabilities Roumann Consulting Inc. v. Aviva Insurance Co. of Canada, [2020] O.J. No. 2416, 2020 ONSC 3387, Ontario Superior Court ...

Mixed success on multiple vehicle arson claim motions

15. September 2020 0
Insurance law – Automobile insurance – Bad faith – Actions – Bifurcation – Practice – Parties to action – Severance of claims Walter v. Insurance Corporation of British Columbia, [2020] B.C.J. No. 834, 2020 BCSC 758, British Columbia Supreme Court, May 20, 2020, D.A. Crerar J. The insurer denied coverage following a fire which destroyed ...

Household and attendant care expenses must be incurred to be recovered under the Ontario Statutory Accident Benefit Schedule

15. September 2020 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Benefits – Attendant care – Practice – Leave to appeal – New trial Pucci v. Wawanesa Mutual Insurance Co., [2020] O.J. No. 1758, 2020 ONCA 265, Ontario Court of Appeal, April 24, 2020, D.H. Doherty, D.M. Brown and J.A. Thorburn JJ.A. The insured brought ...

CGL provider required to defend claims relating to publication of confidential information notwithstanding data exclusion clauses

15. September 2020 0
Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Interpretation of policy – Class actions Laridae Communications Inc. v. Co-operators General Insurance Co., [2020] O.J. No. 2124, 2020 ONSC 2198, Ontario Superior Court of Justice, May 8, 2020, A. Pollak J. An unauthorized party accessed documents from a secured section ...