Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...

Jumping into back of pick-up sufficient to occupy it

10. March 2020 0
Insurance law – Accident and sickness insurance – Priority coverage – Interpretation of policy – Entitlement to benefits – Practice – Appeals – Standard of review Liberty Mutual Insurance v. Intact Insurance, [2019] N.J. No. 392, 2019 NLCA 76, Newfoundland and Labrador Court of Appeal, December 20, 2019, B.G. Welsh, L.R. Hoegg and W.H. Goodridge ...

Insurer pays for insured to dispute scope of proposed repairs

10. March 2020 0
Insurance law – Fire insurance – Extension – Interpretation of policy Be In Christ Church of Canada (c.o.b. Welland Brethren in Christ Church) v. Intact Insurance Co., [2019] O.J. No. 6485, 2019 ONSC 7412, Ontario Superior Court of Justice, December 20, 2019, D.L. Edwards J. A dispute arose following a fire loss. The insurer obtained ...

Tell your life insurer about your diabetes

10. March 2020 0
Insurance law – Life insurance – Misrepresentation by insurer – Practice – Summary judgments Kulp Estate v. Cumis Life Insurance, [2019] O.J. No. 6541, 2019 ONSC 7495, Ontario Superior Court of Justice, December 23, 2019, W.U. Tausendfreund J. The insurer brought a summary judgment motion to dismiss the insured’s claims on the basis that there ...

Don’t wait nine years to give your insurer notice of a claim

10. March 2020 0
Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers ...

A family makes a house a household

10. February 2020 0
A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance ...

No priority of coverage if there is no coverage

10. February 2020 0
A rental car insurer was the first loss insurer despite the rental car driver being a listed driver, but not a named insured, under a separate standard Ontario Automobile Policy for two other vehicles. Insurance law – Automobile insurance – First party insured – Named insured, definition – Lessors and lesses – Third parties – ...

Drinking, driving, and coverage do not mix

10. February 2020 0
The insured driver was intoxicated by alcohol to the point where she was incapable of proper control of her vehicle, thus breaching a condition of her insurance policy. Insurance law – Automobile insurance – Breach of policy – Impaired driver – Care, custody, or control of motor vehicle – Third parties Derkson v. Insurance Corp. ...

Homeowner insurer under duty to defend insured with road rage

14. January 2020 0
Insurance law – Automobile insurance – Homeowner’s insurance – Exclusions – Duty to defend – Third parties –  Practice – Appeals Pembridge Insurance Co. of Canada v. Chu, [2019] O.J. No. 5769, 2019 ONCA 904, Ontario Court of Appeal, November 15, 2019, J.M. Simmons, G.I. Pardu and I.V.B. Nordheimer JJ.A. The Dominion of Canada General ...