The Court declared that the OPCF 44R endorsement provided coverage for a motor vehicle collision in Jamaica involving underinsured motorists. Although the Ontario Insurance Act and the standard Ontario Automobile Policy (OAP1) contained territorial limitations with respect to uninsured motorists, it was ambiguous whether the territorial limitations applied to underinsured motorists under the OPCF 44R endorsement.

30. June 2006 0
Sutherland v. Pilot Insurance Co., [2006] O.J. No. 2663, Ontario Superior Court of Justice

The Insurer’s appeal of a decision awarding damages to the Insured relating to three shipments of laminated truck flooring damaged by moisture during transit was allowed where the Court of Appeal held that there was nothing in the evidence that would support an inference that the conditions in the holds of the three vessels that carried the cargo were in any way exceptional such as to constitute “fortuitous occurrences”

28. June 2006 0
Nelson Marketing International Inc. v. Royal & Sun Alliance Insurance Co. of Canada, [2006] B.C.J. No. 1454, British Columbia Court of Appeal

The Court dismissed the claim by an Insurer (“Scottish & York”) against its sub-broker (“Metrix”) for damages arising from a theft of jewellery worth in excessive of $2,000,000. The Court found that Scottish & York failed to prove that the failure by Metrix to communicate the policy warranties to the broker who placed the policy caused or contributed to the loss.

23. June 2006 0
Scottish & York Insurance Co. v. Metrix Professional Insurance Brokers Inc., [2006] B.C.J. No. 1431, British Columbia Supreme Court

The claim by Lumbermen’s Underwriting Alliance (“LUA”) for equitable contribution from AXA Pacific Insurance Co. (“AXA”) in respect of forest fire expenses incurred by LUA’s Insured, Pacific Forest Products (“Pacific”), was dismissed where the Court held that the coverage under the AXA policy was complementary coverage rather than overlapping coverage and did not insure the same risk

22. June 2006 0
Lumbermen’s Underwriting Alliance v. AXA Pacific Insurance Co., [2006] B.C.J. No. 1439, British Columbia Supreme Court