Agents & Brokers

Insurance industry - Agents - Termination of employment contract - Restraint of trade; Administrators and agents of insurance contracts - Duties and liabilities of agent; Injunctions - Interlocutory - Availability
The Court granted the Insurer's application for an injunction to restrain a former agent from inducing policyholders to switch insurers, and requiring the former agent deliver up "confidential information" to the Insurer. However, the application was granted on much narrower terms than sought.

Disability insurance

Disability insurance - Long term disability benefits - Medical examination - Limitation of actions - Running of limitation period; Policies and insurance contracts - Statutory provisions
Successful application to strike a limitation defence in a long-term disability coverage dispute.

Homeowner's insurance

Homeowner's insurance - Exclusions - All Terrain Vehicle - Ownership, use or operation of motor vehicle - Duty to defend - Waiver
Unsuccessful application of the Insurer for a declaration that it had no duty to defend or indemnify the Respondents.

Homeowner's insurance - Coverage; Agents and brokers - Duties and liabilities of agent - Breach of contract - Failure to obtain reasonable coverage - Mistakes of agents; Policies and insurance contracts - Rights and duties of insured; Damages - Causation
The Insured was unsuccessful in an action for damages against her Broker who had arranged coverage for her home and contents, which were destroyed by fire.

Life insurance

Life insurance - Policies and insurance contracts - Misrepresentation in obtaining insurance
The Insurer unsuccessfully argued on summary trial application that the beneficiary under a policy of life insurance was not entitled to the proceeds of that policy due to the Insured's misrepresentation of his medical condition.

Life insurance - Policies and insurance contracts - Interpretation of contract - Beneficiaries - Infant beneficiaries - Statutory provisions - Multiple policies - Apportionment and contribution - Discretion of court
Appeal by two minor children of the deceased Insured from a decision of the Divisional Court finding that they were not entitled to a portion of the proceeds from a life insurance policy owned jointly by the Insured and his wife.

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