Insurance Blogs hosted by Canadian Underwriter
Insurance Blogs hosted by Canadian Underwriter
Just before Christmas, the Ontario Court of Appeal released two other decisions of significance in respect of commercial/homeowners’ liability and property coverages, in addition to the previously-posted Carneiro v. Durham decision. On December 23rd, 2015, in Monk v. Farmers’ Mutual…
In Carneiro v. Durham (Regional Municipality), the Ontario Court of Appeal, in a decision released on December 22nd, 2015, reversed the motion judge’s finding in this “additional insured” case involving winter road maintenance by Miller Maintenance, deciding that the judge…
In Unifund Assurance Company v. D.E., 2015ONCA0423 and C.S. v. TD Home and Auto Insurance Company, 2015ONCA0424, companion decisions released on June 11th, 2015 by the Ontario Court of Appeal, the motion judges’ decisions that found the homeowners’ insurers were…
In Morgan v. Saquing, 2015 ONSC 2647, a comprehensive 60-page decision released on June 4th, 2015, Ontario Superior Court Justice Glustein found the plaintiff, inter alia, failed to meet the Ontario Insurance Act automobile claims “threshold”. His Honour held that…
In the recently released decision of Equitable Trust Co. v. The Portage La Prairie Mutual Insurance Co., 2014onsc4767, Ontario Superior Court Justice Stewart affirmed the generally held view that an insured mortgagee is entitled to recover the outstanding balance owing…
Monk v. Farmers’ Mutual Insurance Co. (Lindsay), [2014] O.J. No. 3509, illustrates the importance of the policy language used. Ontario Superior Court Justice Koke summarily dismissed this action against both the insurer and insurance broker arising from an insurance coverage claim…
On July 11th, 2014, the Ontario Court of Appeal in O’Byrne v. Farmers’ Mutual Insurance Company (Lindsay), dismissed the appeal from the insured’s claim for coverage for fuel oil contamination under an “all-risks” insurance policy. The decision is of interest because of …
In Amello v. Bluewave Energy Limited Partnership, 2014 ONSC 4040, Ontario Superior Court Justice Perell dealt with a number of issues including, of most interest, a party’s obligation to pay defence costs when it has agreed to include another party as an…
In Niedermeyer v. Charlton, 2014 BCCA 165, the British Columbia Court of Appeal, by a 2-1 majority, reversed the summary trial decision that had found a Release and Waiver Agreement barred the plaintiff from suing for injuries sustained in a motor…
In Precision Plating Ltd. v. Axa Pacific Insurance Co., the British Columbia Supreme Court held that the absolute pollution exclusion in a CGL policy did not preclude a duty to defend actions by unit owners in a strata complex arising from a fire…
In Lavoie v. T.A. McGill Mortgage Services Inc., the Ontario Court of Appeal in a decision released on April 3rd, 2014, upheld the dismissal of this action against Echelon, the professional liability insurer of a mortgage broker, T.A. McGill Mortgage…
Kinkade v. 947014 Ontario Inc. c.o.b. as The Silver Dollar, 2014 ONSC 1599, involved a successful motion by the defendant adult entertainment facility for a defence in this action by the plaintiff who sustained personal injuries when shot in the leg…
In Kassburg v. Sun Life Assurance Company of Canada, Ontario Superior Court Justice Ellies dismissed the LTD insurer’s motion for an order that the plaintiff’s action is limitation-barred. The defendant insurer asserted that there was a one-year limitation under the contract…
In Stewart v. TD General Insurance Company, a three-member panel of the Ontario Divisional Court dismissed the appeal from the motion judge’s ruling that the plaintiffs were entitled to just $1,000 for each of their 11 stolen marijuana plants that…