Windfall from wildfire reduced covered loss

11. April 2023 0
Insurance law – Commercial general liability insurance – Property damage – Rental loss – Indemnity contract – Interpretation of policy – Practice – Summary judgments – Appeals Shelter Canadian Properties Ltd. v. Aviva Insurance Co. of Canada, [2023] A.J. No. 216, 2023 ABCA 74, Alberta Court of Appeal, March 3, 2023, P.A. Rowbotham, D. Pentelechuk ...

Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime

11. April 2023 0
Insurance law – Commercial general liability insurance – Duty to defend – Occurrence vs. claims based policy – Interpretation of policy – Practice – Appeals Forest Hill Fine Homes Inc. v. Heartland Farm Mutual Insurance Co., [2023] O.J. No. 1211, 2023 ONCA 171, Ontario Court of Appeal, March 15, 2023, S.E. Pepall, A.L. Harvison Young ...

Ontario Court of Appeal upholds decision that insurer did not establish, on a balance of probabilities, that insured made material and fraudulent misrepresentations on application for insurance and therefore insured’s life insurance policy was valid

Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio – Practice – Leave to appeal Costanza (Litigation guardian of) v. Desjardins Financial Security Life Assurance Co., [2023] O.J. No. 373, 2023 ONCA 54, Ontario ...

What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur

14. February 2023 0
Insurance law – Homeowner’s insurance – Duty to defend – Interpretation of policy – Exclusions – Assault – Failure to supervise – Practice – Summary judgments Reeves v. Co-Operators General Insurance Co., [2022] B.C.J. No. 2499, 2022 BCSC 2258, British Columbia Supreme Court, December 23, 2022, C.L. Forth J. The insureds’ son, Isaac, was alleged ...

Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition

14. February 2023 0
Insurance law – Automobile insurance – Homeowner’s insurance – Accident – Definition – Ownership, use or operation of motor vehicle – Use of vehicle – Uninsured or underinsured motorist – Interpretation of policy Smith v. Taylor, [2022] O.J. No. 5436, 2022 ONSC 6889, Ontario Superior Court of Justice, December 8, 2022, M.J. Valente J. The ...

Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements

10. January 2023 0
Insurance law – Automobile insurance – Automobile, definition – Statutory provisions [interpretation] – Appeals Beaudin v. Travelers Insurance Co. of Canada, [2022] O.J. No. 5102, 2022 ONCA 806, Ontario Court of Appeal, November 23, 2022, E.E. Gillese, B. Miller and S.A. Coroza JJ.A. The insured was riding a dirt bike in a closed course competition ...

No coverage for claim that was reasonably foreseeable prior to inception of claims made policy

10. January 2023 0
Insurance law – Liability insurance – Wrongful acts – Exclusions – Occurrence vs. claims-based policy Colliers International Group Inc. v. Liberty Mutual Insurance Co., [2022] O.J. No. 4801, 2022 ONSC 6184, Ontario Superior Court of Justice, November 1, 2022, F.L. Myers J. The insured sought indemnity under a claims made professional liability policy. The insurer ...

Coverage down the toilet due to vacancy

10. January 2023 0
Insurance law – Homeowner’s insurance – Exclusions – Water damage – Interpretation of policy – Practice – Summary judgments Morgan v. Co-operators General Insurance Co., [2022] O.J. No. 5674, 2022 ONSC 7254, Ontario Superior Court of Justice, December 21, 2022, MacNeil J. The insured sought coverage for water damage to his townhouse under his home ...

Seven years too late for coverage

10. January 2023 0
Insurance law – Homeowner’s insurance – Delay – Relief against forfeiture – Duties and liabilities of insured Searles v. Economical Insurance, [2022] O.J. No. 5784, 2022 ONSC 7217, Ontario Superior Court of Justice, December 29, 2022, The Honourable Mr. Justice Pierre E. Roger The insureds purchased a home insurance policy, which was in force when ...