All-Risk Insurance

All-risk insurance - Policies and insurance contracts - Interpretation of policy - Coverage - Exclusions - Earth settlement; Property insurance - Soil movement
In an all-risk property insurance policy "settlement exclusion" excludes earth settlement caused by natural causes only

Automobile insurance

Automobile insurance - Coverage - Ownership, use or operation of motor vehicle - Negligent supervision of children
The father and grandfather of a five year old boy run over in a parking lot were unsuccessful in their action against the father's motor vehicle insurer where the Court held that the accident did not involve the "use or ownership" of the vehicle.

Commercial general liability insurance

Commercial general liability insurance - Wrongful dismissal - Duty to defend - Interpretation of policy - Costs - Apportionment of defence costs - Legal fees - Rights and duties of insurer - Third party claims
The Appeal by an insurer from an allocation of 95% of the costs of the insured's defence in a wrongful dismissal and malicious prosecution action to the insurer was dismissed where the court held that incidental assistance that the defence of the covered claim provided for the uncovered claim was not relevant to the determination of the insurer's liability for costs incurred by the insured for the defence of the claim.

Policies & Insurance Contracts

Policies and insurance contracts - Breach of policy - Coverage; Practice - Amending pleadings - Third parties - Adding a party - Limitation of actions - Running of limitation period - Discoverability - Statutory provisions
Farm Credit Canada ("FCC") was successful in its application for an order adding it as a plaintiff to an action against an insurer where the Court found that FCC was first loss payee on certain loans made to the original plaintiff and held that FCC's breach of contract claim was not statute-barred.

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