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Expiry of limitation period makes demand for appraisal of no force and effect
Expiry of limitation period makes demand for appraisal of no force and effect Expiry of limitation period makes demand for appraisal of no force and effect Expiry of limitation period makes demand for appraisal of no force and effect
Consecutive inconsistent determinations of an insured’s entitlement to statutory accident benefits can be made without constituting an abuse of process
Consecutive inconsistent determinations of an insured’s entitlement to statutory accident benefits can be made without constituting an abuse of process Consecutive inconsistent determinations of an insured’s entitlement to statutory accident benefits can be made without constituting an abuse of process Consecutive inconsistent determinations of an insured’s entitlement to statutory accident benefits can be made without constituting an abuse of process
The right of equitable contribution for defence costs is limited by the scope of coverage
The right of equitable contribution for defence costs is limited by the scope of coverage The right of equitable contribution for defence costs is limited by the scope of coverage The right of equitable contribution for defence costs is limited by the scope of coverage
Don’t lie to your insurer – it doesn’t pay well
Don’t lie to your insurer – it doesn’t pay well Don’t lie to your insurer – it doesn’t pay well Don’t lie to your insurer – it doesn’t pay well
Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected
Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected
Relief from forfeiture not available for late reporting of D&O claim
Relief from forfeiture not available for late reporting of D&O claim Relief from forfeiture not available for late reporting of D&O claim Relief from forfeiture not available for late reporting of D&O claim
Insured not entitled to business interruption coverage for losses sustained during pandemic
Insured not entitled to business interruption coverage for losses sustained during pandemic Insured not entitled to business interruption coverage for losses sustained during pandemic Insured not entitled to business interruption coverage for losses sustained during pandemic
Insurer liable to insured for damages relating to release of pollutants from a pipeline
Insurer liable to insured for damages relating to release of pollutants from a pipeline Insurer liable to insured for damages relating to release of pollutants from a pipeline Insurer liable to insured for damages relating to release of pollutants from a pipeline
No duty to defend the insured for claims arising out of prior litigation
No duty to defend the insured for claims arising out of prior litigation No duty to defend the insured for claims arising out of prior litigation
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured
No by-law coverage for undamaged portions of an elevator shaft
No by-law coverage for undamaged portions of an elevator shaft No by-law coverage for undamaged portions of an elevator shaft
Priority coverage dispute between insurance companies – someone’s got to pay!
Priority coverage dispute between insurance companies – someone’s got to pay! Priority coverage dispute between insurance companies – someone’s got to pay!
Airbnb renters may be insureds under strata insurance policies
Airbnb renters may be insureds under strata insurance policies Airbnb renters may be insureds under strata insurance policies
Playing with fire and subrogation waivers
Playing with fire and subrogation waivers Playing with fire and subrogation waivers
Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Compliance costs excluded under residential homeowners policy
Insurer applies “belts, braces and beyond” approach to excluding liability
Insurer applies “belts, braces and beyond” approach to excluding liability Insurer applies “belts, braces and beyond” approach to excluding liability
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial
Better to ask for permission than to seek forgiveness!
Better to ask for permission than to seek forgiveness! Better to ask for permission than to seek forgiveness!
Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion
Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion
Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result
Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result
Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits
Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits
In Tompkins v. Meisters the appellants appealed a trial decision respecting the deductibility of certain “Part 7” benefits under s. 83 of the Insurance (Vehicle) Act
In Tompkins v. Meisters the appellants appealed a trial decision respecting the deductibility of certain “Part 7” benefits under s. 83 of the Insurance (Vehicle) Act In Tompkins v. Meisters the appellants appealed a trial decision respecting the deductibility of certain “Part 7” benefits under s. 83 of the Insurance (Vehicle) Act
Human rights allegation allowed in civil action for breach of contract
Human rights allegation allowed in civil action for breach of contract Human rights allegation allowed in civil action for breach of contract
BC Court has jurisdiction for coverage dispute between American company and American insurer
BC Court has jurisdiction for coverage dispute between American company and American insurer BC Court has jurisdiction for coverage dispute between American company and American insurer
Court paves path for pro rata distribution in insurance dispute with several claimants Court paves path for pro rata distribution in insurance dispute with several claimants
Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses
Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses
Insureds should get their own property valuations
Insureds should get their own property valuations Insureds should get their own property valuations
Do not confuse an MGA with an insurer
Do not confuse an MGA with an insurer Do not confuse an MGA with an insurer
The Duty to Defend: A Clarion Call
The Duty to Defend: A Clarion Call The Duty to Defend: A Clarion Call
The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy
The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy The Court will not interpret coverage under an insurance policy so generously so as to amount to ignoring the terms and wording of a policy
Don’t worry, you get more than one shot
Don’t worry, you get more than one shot Don’t worry, you get more than one shot
Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation
Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system
Dispute resolution process under Statutory Condition 11 as to value of insured property is mandatory and agreements reached pursuant to process not subject to review by court
Dispute resolution process under Statutory Condition 11 as to value of insured property is mandatory and agreements reached pursuant to process not subject to review by court Dispute resolution process under Statutory Condition 11 as to value of insured property is mandatory and agreements reached pursuant to process not subject to review by court
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break No coverage for assault with a knife during psychotic break
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
Windfall from wildfire reduced covered loss
Windfall from wildfire reduced covered loss Windfall from wildfire reduced covered loss
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
Ontario Court of Appeal upholds decision that insurer did not establish, on a balance of probabilities, that insured made material and fraudulent misrepresentations on application for insurance and therefore insured’s life insurance policy was valid
Ontario Court of Appeal upholds decision that insurer did not establish, on a balance of probabilities, that insured made material and fraudulent misrepresentations on application for insurance and therefore insured’s life insurance policy was valid Ontario Court of Appeal upholds decision that insurer did not establish, on a balance of probabilities, that insured made material and fraudulent misrepresentations on application for insurance and therefore insured’s life insurance policy was valid
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition
Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition Once and for all: a definition for a term that appears in an insurance policy applies to the same term appearing in an excess endorsement unless the endorsement explicitly modifies the definition
Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements
Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements
No coverage for claim that was reasonably foreseeable prior to inception of claims made policy
No coverage for claim that was reasonably foreseeable prior to inception of claims made policy No coverage for claim that was reasonably foreseeable prior to inception of claims made policy
Coverage down the toilet due to vacancy
Coverage down the toilet due to vacancy Coverage down the toilet due to vacancy
Seven years too late for coverage
Seven years too late for coverage Seven years too late for coverage
Family of victim of accidental military activity recovers from insurers
Family of victim of accidental military activity recovers from insurers Family of victim of accidental military activity recovers from insurers
It’s too soon!
It’s too soon! It’s too soon!
Wrap up has duty to defend actions alleging defects in curtain-wall system
Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies
Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist
Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy
Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy
No uninsured motorist coverage for passenger in stolen vehicle
No uninsured motorist coverage for passenger in stolen vehicle No uninsured motorist coverage for passenger in stolen vehicle
O what a tangled web…
O what a tangled web… O what a tangled web…
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same
Coverage dried up for desiccant supplier
Coverage dried up for desiccant supplier Coverage dried up for desiccant supplier
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault
A duty from mere possibilities
A duty from mere possibilities A duty from mere possibilities
It’s a scorcher!
It’s a scorcher! It’s a scorcher!
Unclear warranty results in insurer owing a duty to defend a lawsuit for Mud Bog Event injury
Court upholds insurer’s denial of life insurance coverage after insured’s overdose
Limit of liability for business losses applies to each business location
Limit of liability for business losses applies to each business location Limit of liability for business losses applies to each business location
Policy of credit risk insurance subject to limit of $100,000 across all buyers Policy of credit risk insurance subject to limit of $100,000 across all buyers
Title insurer has a duty to defend insured subject to claim for damages Title insurer has a duty to defend insured subject to claim for damages
Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss
Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim
Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect
Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim
Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim
Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters
Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters
Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer
Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial
Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial
Insurer not out of time to third party broker following 2013 life insurance denial
Insurer not out of time to third party broker following 2013 life insurance denial Insurer not out of time to third party broker following 2013 life insurance denial
Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation
Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation
The collaborative appraiser does not need to be independent
Clearing up the pollution of the duty to defend analysis
Clearing up the pollution of the duty to defend analysis Clearing up the pollution of the duty to defend analysis
Bullying is indefensible
Bullying is indefensible Bullying is indefensible
Drilling down into policy limits: business interruption versus property damage
Drilling down into policy limits: business interruption versus property damage Drilling down into policy limits: business interruption versus property damage
Application for Property Inspection Granted to Insurer
Application for Property Inspection Granted to Insurer Application for Property Inspection Granted to Insurer
Flawed Duty to Defend Application Dismissed
Flawed Duty to Defend Application Dismissed Flawed Duty to Defend Application Dismissed
Intentional business decisions are not an accidental “occurrence”
Promisor’s knowledge of facts is critical to proving promissory estoppel
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture
Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”
Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.” Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”
Limitation period clock does not restart when a plaintiff goes to law school
Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full
Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full
Insurer entitled to partially deduct Part 7 medication expenses from cost of care award Insurer entitled to partially deduct Part 7 medication expenses from cost of care award
Insured had no expectation of privacy in relation to participation at case conference Insured had no expectation of privacy in relation to participation at case conference
Insured alleged to have shaken baby not entitled to defence Insured alleged to have shaken baby not entitled to defence
Insured has burden of proof in application to reinstate accident benefits Insured has burden of proof in application to reinstate accident benefits
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
Broker not allowed third party claim where coverage should be decided in separate proceeding
Broker not allowed third party claim where coverage should be decided in separate proceeding Broker not allowed third party claim where coverage should be decided in separate proceeding
Criminal activity was not material to life insurance risk
Criminal activity was not material to life insurance risk Criminal activity was not material to life insurance risk
Duty to defend for property damage claim less than deductible
Duty to defend for property damage claim less than deductible Duty to defend for property damage claim less than deductible
No material change prior to complete fire loss No material change prior to complete fire loss
The tort of intrusion upon seclusion is not accidental
Accident benefits to the detriment of the insured
Accident benefits to the detriment of the insured Accident benefits to the detriment of the insured
Slippery slope not expected or intended Slippery slope not expected or intended
Insurer obligated to defend former directors of a credit union for a legal action commenced by the FRSA
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Insurer found to have breached duty of utmost good faith by volunteering information from insured’s statement to the police
Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC
Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC
Insured not entitled to E&O coverage for advice in relation to failed real estate venture Insured not entitled to E&O coverage for advice in relation to failed real estate venture
Insured denied defence due to failure to disclose business use of motor vehicle Insured denied defence due to failure to disclose business use of motor vehicle
Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy
Mandatory dispute resolution process under Insurance Act is mandatory Mandatory dispute resolution process under Insurance Act is mandatory
Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Broker ordered to pay replacement cost where insured could not replace because of coverage denial Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Land and soil around insured home not insured based on policy language
Land and soil around insured home not insured based on policy language Land and soil around insured home not insured based on policy language
Homeowner and auto insurers have a concurrent duty to defend against injuries arising from the insured sledgehammering a piece of his vehicle in his backyard
Insurer successfully applies vacancy exclusion to deny coverage to intentionless insured
Wrapping up the duty to defend Wrapping up the duty to defend
Ambiguous exclusions are meaningless Ambiguous exclusions are meaningless
Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint
No policy limit for mitigation of loss coverage No policy limit for mitigation of loss coverage
Subcontractor owes duty to indemnify and defend despite contractor’s obligation to obtain wrap up liability insurance for subcontractors
“No good deed goes uncovered”: Insurer ordered to indemnify floor damage caused by application of de-icer to prevent risk of slipping in freezing temperatures
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards
Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices
Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices
Broad exclusion clause titled “Total Pollution Exclusion” deemed ambiguous
Intellectual property agreements are personal contracts
Beware of the foul ball
Beware of the foul ball Beware of the foul ball
The written word carries the day
The written word carries the day The written word carries the day
Don’t lose sight of the forest for the trees when considering a duty to defend
Don’t lose sight of the forest for the trees when considering a duty to defend Don’t lose sight of the forest for the trees when considering a duty to defend
Complementary insurance policies: Auto insurer did not have standing to bring an application against a personal insurer, with respect to a social event & motor vehicle accident claim
Innocent plaintiff denied coverage due to marijuana exclusion clause
Tort settlement does not change entitlement to Part 7 disability benefits Tort settlement does not change entitlement to Part 7 disability benefits
Not all bad faith results in punitive damages Not all bad faith results in punitive damages
Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment
Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy