http://www.harpergrey.com/ Harper Grey: Newsletter: Insurance RSS Feed en-us Copyright 2012, Harper Grey stannock@pencilnecksoftware.com (Natasha Chetty) support@pencilnecksoftware.com (Pencilneck Software) Fri, 18 May 2012 18:42:00 GMT Newsletter: Insurance Pencilneck Software Pencilneck CMS v. 4.3 (http://www.pencilnecksoftware.com) http://blogs.law.harvard.edu/tech/rss 60 http://www.harpergrey.com/insurance/2012/05/article416/ stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/05/article416/ Tue, 15 May 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/05/article415/ The Ontario Court of Appeal held that an insured's claims against insurer for breach of duty of good faith is governed by the general six year limitation period, not s. 207 of the Insurance Act. This case involved the death in 1988 of four people in an automobile accident. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/05/article415/ Tue, 15 May 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/05/article414/ The plaintiff was a passenger in a vehicle driven by a defendant, which was struck by another vehicle driven by a co defendant, who was uninsured. The defendant, Unifund Assurance Company, is an OPCF 44-R carrier and is only obliged to pay as excess insurer if no other insured party has at least one percent liability. The court dismissed Unifund’s motion for summary judgment on the basis that the issue of the insured defendant’s liability required a trial. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/05/article414/ Tue, 15 May 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/05/article413/ The applicant Minto sought a declaration and order that the insured Carlsbad and the insurer Intact Insurance were obliged to provide and fund the full defence of Minto in an underlying action in which the plaintiff sought damages for injuries she sustained due to ice and slippery conditions on a parking lot near the residence for which the insured had a contract with Minto to perform snow clearing, snow removal, and ice control. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/05/article413/ Tue, 15 May 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/04/article402/ In this case the insured alleged his broker failed to properly offer optional income replacement benefit coverage as part of his automobile insurance policy. The Court found that although the broker had breached the applicable standard of care, the insured had not shown on a balance of probabilities that he would have purchased the income replacement benefit coverage if it had been properly offered. The insured’s motion for summary judgment against his broker was dismissed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/04/article402/ Tue, 17 Apr 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/04/article401/ This appeal involved the insurer from a trial judgment finding it liable under a mortgage life insurance policy. The appeal was allowed and the action was dismissed and costs awarded to the appellant. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/04/article401/ Tue, 17 Apr 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/04/article400/ A plaintiff was successful in seeking a declaration that she was entitled to coverage on the basis that her motor vehicle insurer had not established she was impaired at the time of the accident and she was awarded punitive damages for the insurer’s bad faith conduct with respect to the claim. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/04/article400/ Tue, 17 Apr 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/04/article399/ The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/04/article399/ Tue, 17 Apr 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/03/article390/ Successful application by the plaintiffs to add the insurer as a defendant. At issue was whether section 259.1 of the Insurance Act, which contains a one year limitation period, applied to the plaintiffs’ claim. The Court found that section 259.1 did not apply to "loss of use" and, therefore, the plaintiffs’ application was granted. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/03/article390/ Thu, 15 Mar 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/03/article389/ Application for a declaration of a duty to defend dismissed because there was no occurrence under the policy of insurance and there was no possibility of a duty to indemnify. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/03/article389/ Thu, 15 Mar 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/03/article388/ An application for a declaration that statutory conditions of a policy of insurance had been breached and for a declaration that there was no obligation to defend and indemnify the insured. The application was dismissed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/03/article388/ Thu, 15 Mar 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/03/article387/ The plaintiff applied unsuccessfully for a declaration that she was entitled to accidental death benefits under a policy of life insurance following the death of her husband. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/03/article387/ Thu, 15 Mar 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article372/ An insurer denied payment on a life insurance policy following the death of the insured in a plane crash, based on an exclusion clause requiring the insured to have the "required licence" to fly. The decision was upheld because the insured's medical certificate had expired one year before the accident. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article372/ Wed, 15 Feb 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article371/ An insurer was found to have a duty to defend university employees in the context of claims by a former student for misappropriation of ideas and use of concepts. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article371/ Wed, 15 Feb 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article370/ The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This will often allow an injured person sue later than the ultimate "ten year" statutory section 3(1)(b) of the Limitations Act. Section 7(1) of the Limitations Act expressly allowes that extension. Alternatively, section 647 of the Insurance Act permits the contractual limitation period in the endorsement. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article370/ Wed, 15 Feb 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/02/article369/ Where an insurer acts as a claims administration service only but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith as it was adjudicating claims and benefits. As such, the traditional tort of intentional procurement of breach of contract is broad enough to capture bad faith actions by an adjuster that bring about the rejection of a meritorious claim for insurance benefits. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/02/article369/ Wed, 15 Feb 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article353/ An appeal from an order dismissing applications to strike out third party claims. The appeal was allowed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article353/ Mon, 16 Jan 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article352/ An application by a long term disability insurer to dismiss a claim commenced by an insured on the basis that the claim was barred by the expiration of the limitation period. The application was dismissed and costs awarded to the plaintiff. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article352/ Mon, 16 Jan 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article351/ The plaintiff was successful in arguing that injuries sustained during an assault in which the assailants made use of his vehicle were injuries that arose directly from the use or operation of the vehicle. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article351/ Mon, 16 Jan 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2012/01/article350/ An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2012/01/article350/ Mon, 16 Jan 2012 05:00:00 GMT http://www.harpergrey.com/insurance/2011/12/article339/ Insured which advanced claim for both uninsured loss and insured loss in subrogated claim was allowed to have carriage and control of action. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2011/12/article339/ Mon, 19 Dec 2011 05:00:00 GMT http://www.harpergrey.com/insurance/2011/12/article338/ Application to add out-of-province insurer as a defendant by insured allowed notwithstanding the limitation period prescribed by s. 103 of the Insurance (Vehicle) Regulation had expired. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2011/12/article338/ Mon, 19 Dec 2011 05:00:00 GMT http://www.harpergrey.com/insurance/2011/12/article337/ Appeal by the insurer of the trial judge’s award of damages for breach of contract. The insurer voided the policy and denied coverage on the basis that the insured’s installation of a woodstove constituted a material change in risk. The Court of Appeal dismissed the appeal and found the woodstove as a material change in risk. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2011/12/article337/ Mon, 19 Dec 2011 05:00:00 GMT http://www.harpergrey.com/insurance/2011/12/article336/ Successful application by the insured for a determination of whether the policy covered losses for product recall. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2011/12/article336/ Mon, 19 Dec 2011 05:00:00 GMT http://www.harpergrey.com/insurance/2011/11/article320/ An insurer who provided long term disability benefits under a policy issued to the insured's former employer was entitled to rely on a release executed by the insured when she entered into a settlement with her former employer. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2011/11/article320/ Tue, 15 Nov 2011 05:00:00 GMT