Automobile insurance

Duty to defend - Ownership, use or operation of motor vehicle - Loading or unloading; Commercial general liability insurance - Exclusions - Motor vehicle accidents - Ownership, use or operation of motor vehicle
The Insurer sought a declaration that it had no duty to defend the Insured against an action in which the plaintiff alleged that a negligently loaded ladder flew off of a truck, causing him injury. The Court held that the loading of the ladder constituted a use or operation of an automobile, such that it came within the ambit of a motor vehicle liability policy, and was therefore excluded in accordance with an exclusionary clause of the commercial general liability policy. CUMIS General Insurance Co. v. 1319273 Ontario Ltd. (c.o.b. Done Right Roofing), [2006] O.J. No. 4668

Theft of vehicle - Breach of policy - Misrepresentation; Policies and insurance contracts - Statutory provisions
The Plaintiffs’ vehicle was stolen and the motor vehicle insurer denied their claim on the basis that they made material and wilful misrepresentations. The Court found that the Plaintiffs had made wilful and material representations and their claim was therefore forfeited. Bolen v. Insurance Corp. of British Columbia, [2006] B.C.J. No. 3046

Settlement of Action

Judgments and orders; Policies and insurance contracts - Statutory provisions - Rights and duties of insured - Rights and duties of insurer
The Insurer settled a motor vehicle claim and then sought reimbursement from the Insured on the basis of section 258(1) of the Insurance Act of Ontario. The Court held that the Insured was not required to reimburse the Insurer under the section, because the section required a judgment against the Insured, not merely a settlement. Lockhard v. Quiroz, [2006] O.J. No. 4613

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