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Clear Question, Wrong Answer: Life Policy Voided over Misrepresentation
Clear Question, Wrong Answer: Life Policy Voided over Misrepresentation Clear Question, Wrong Answer: Life Policy Voided over Misrepresentation Insurance Law Blog Clear Question, Wrong Answer: Life Policy Voided over Misrepresentation by Aman Taggar and Steven Abramson*
April 16, 2026
Full indemnity costs not payable to a plaintiff who succeeds with third party action against insurer
Full indemnity costs not payable to a plaintiff who succeeds with third party action against insurer Full indemnity costs not payable to a plaintiff who succeeds with third party action against insurer Insurance Law Blog Full indemnity costs not payable to a plaintiff who succeeds with third party action against insurer by Michael Robinson and Steven Abramson*
April 1, 2026
The SCC confirmed that clear exclusion clauses limit even “Guaranteed” coverage endorsements
The SCC confirmed that clear exclusion clauses limit even “Guaranteed” coverage endorsements The SCC confirmed that clear exclusion clauses limit even “Guaranteed” coverage endorsements Insurance Law Blog The SCC confirmed that clear exclusion clauses limit even “Guaranteed” coverage endorsements by Jayden Friesen-Kehler and Steven Abramson*
March 16, 2026
Court refuses to dismiss action for coverage brought by mortgagees not named in homeowners’ policy.
Court refuses to dismiss action for coverage brought by mortgagees not named in homeowners’ policy. Court refuses to dismiss action for coverage brought by mortgagees not named in homeowners’ policy. Insurance Law Blog Court refuses to dismiss action for coverage brought by mortgagees not named in homeowners’ policy. by Tricia Milne and Steven Abramson*
March 1, 2026
Hold your horses! In some cases, the Court may review pleadings in order to decide whether two actions arise out of related circumstances such that they will be considered one claim under a responding policy. However, if that cannot be done, the Court may decline to decide coverage until findings of fact have been made in the underlying litigation
Hold your horses! In some cases, the Court may review pleadings in order to decide whether two actions arise out of related circumstances such that they will be considered one claim under a responding policy. However, if that cannot be done, the Court may decline to decide coverage until findings of fact have been made in the underlying litigation Hold your horses! In some cases, the Court may review pleadings in order to decide whether two actions arise out of related circumstances such that they will be considered one claim under a responding policy. However, if that cannot be done, the Court may decline to decide coverage until findings of fact have been made in the underlying litigation Insurance Law Blog Hold your horses! In some cases, the Court may review pleadings in order to decide whether two actions arise out of related circumstances such that they will be considered one claim under a responding policy. However, if that cannot be done, the Court may decline to decide coverage until findings of fact have been made in the underlying litigation by Mollie Clark and Steven Abramson*
February 16, 2026
Insured successfully opposes denial of coverage on the basis of estoppel
Insured successfully opposes denial of coverage on the basis of estoppel Insured successfully opposes denial of coverage on the basis of estoppel Insurance Law Blog Insured successfully opposes denial of coverage on the basis of estoppel by Mark McPhee and Steven Abramson*
February 1, 2026
The evidence of an underlying plaintiff on examination for discovery does not fall into an exception to the extrinsic evidence rule
The evidence of an underlying plaintiff on examination for discovery does not fall into an exception to the extrinsic evidence rule The evidence of an underlying plaintiff on examination for discovery does not fall into an exception to the extrinsic evidence rule Insurance Law Blog The evidence of an underlying plaintiff on examination for discovery does not fall into an exception to the extrinsic evidence rule by Emilie LeDuc and Steven Abramson*
January 16, 2026
Insured granted coverage from contractor’s commercial general liability policies
Insured granted coverage from contractor’s commercial general liability policies Insured granted coverage from contractor’s commercial general liability policies Insurance Law Blog Insured granted coverage from contractor’s commercial general liability policies by Alicia Catalano and Steven Abramson*
January 1, 2026
Ontario Court of Appeal affirms dismissal of insured’s claim due to applicable exclusion in policy
Ontario Court of Appeal affirms dismissal of insured’s claim due to applicable exclusion in policy Ontario Court of Appeal affirms dismissal of insured’s claim due to applicable exclusion in policy Insurance Law Blog Ontario Court of Appeal affirms dismissal of insured’s claim due to applicable exclusion in policy by Alicia Catalano and Steven Abramson*
January 1, 2026
Ruling against divided loyalties 
Ruling against divided loyalties  Ruling against divided loyalties  Insurance Law Blog Ruling against divided loyalties  by Dionne H. Liu and Steven Abramson*
December 16, 2025
The perils of co-ownership
The perils of co-ownership The perils of co-ownership Insurance Law Blog The perils of co-ownership by Dionne H. Liu and Steven Abramson*
December 16, 2025
The Right Policy Takes the Ride – Family Protection Coverage endorsement (OPCF 44R) clarified  
The Right Policy Takes the Ride – Family Protection Coverage endorsement (OPCF 44R) clarified   The Right Policy Takes the Ride – Family Protection Coverage endorsement (OPCF 44R) clarified   Insurance Law Blog The Right Policy Takes the Ride – Family Protection Coverage endorsement (OPCF 44R) clarified   by Aman Taggar and Steven Abramson*
December 1, 2025
Insured surveying firm entitled to coverage under professional liability policy.  
Insured surveying firm entitled to coverage under professional liability policy.   Insured surveying firm entitled to coverage under professional liability policy.   Insurance Law Blog Insured surveying firm entitled to coverage under professional liability policy.   by Cameron B. Elder* and Steven Abramson*
November 16, 2025
Insured award significant unpaid business losses and insurer found to have breached duty of good faith in contractual performance.
Insured award significant unpaid business losses and insurer found to have breached duty of good faith in contractual performance. Insured award significant unpaid business losses and insurer found to have breached duty of good faith in contractual performance. Insurance Law Blog Insured award significant unpaid business losses and insurer found to have breached duty of good faith in contractual performance. by Cameron B. Elder* and Steven Abramson*
November 16, 2025
Insurers required to defend Province of Ontario based on a time-on-risk allocation of defence costs in claims against Ontario relating to allegations of negligent design, construction and maintenance of a bridge.
Insurers required to defend Province of Ontario based on a time-on-risk allocation of defence costs in claims against Ontario relating to allegations of negligent design, construction and maintenance of a bridge. Insurers required to defend Province of Ontario based on a time-on-risk allocation of defence costs in claims against Ontario relating to allegations of negligent design, construction and maintenance of a bridge. Insurance Law Blog Insurers required to defend Province of Ontario based on a time-on-risk allocation of defence costs in claims against Ontario relating to allegations of negligent design, construction and maintenance of a bridge. by Cameron B. Elder* and Steven Abramson*
November 16, 2025
What evidence is needed to prove income loss in personal injury claims?
What evidence is needed to prove income loss in personal injury claims? Insurance Law Blog What evidence is needed to prove income loss in personal injury claims? by Jimmy Peterson
November 13, 2025
Bee-lieve It or Not: Insurance agent negligent; insured awarded only premium amount in damages
Bee-lieve It or Not: Insurance agent negligent; insured awarded only premium amount in damages Bee-lieve It or Not: Insurance agent negligent; insured awarded only premium amount in damages Insurance Law Blog Bee-lieve It or Not: Insurance agent negligent; insured awarded only premium amount in damages by Natasha M. Cooke and Steven Abramson*
November 1, 2025
When seeking damages for injuries caused by a defendant’s negligence, what is required?
When seeking damages for injuries caused by a defendant’s negligence, what is required? Insurance Law Blog When seeking damages for injuries caused by a defendant’s negligence, what is required? by Jimmy Peterson
October 17, 2025
Policy voided after marijuana grow-op discovered following a fire
Policy voided after marijuana grow-op discovered following a fire Policy voided after marijuana grow-op discovered following a fire Insurance Law Blog Policy voided after marijuana grow-op discovered following a fire by Michael Robinson and Steven Abramson*
October 16, 2025
Court finds insured owner and driver of motor vehicle that killed child were underinsured within the meaning of the OPCF 44R Family Protection Coverage as personal liability umbrella policy which included a standard excess policy form (SPF 7) was not a motor vehicle liability policy within the meaning of s. 1 of the Insurance Act or s. 4 of the OPCF 44R.
Court finds insured owner and driver of motor vehicle that killed child were underinsured within the meaning of the OPCF 44R Family Protection Coverage as personal liability umbrella policy which included a standard excess policy form (SPF 7) was not a motor vehicle liability policy within the meaning of s. 1 of the Insurance Act or s. 4 of the OPCF 44R. Court finds insured owner and driver of motor vehicle that killed child were underinsured within the meaning of the OPCF 44R Family Protection Coverage as personal liability umbrella policy which included a standard excess policy form (SPF 7) was not a motor vehicle liability policy within the meaning of s. 1 of the Insurance Act or s. 4 of the OPCF 44R. Insurance Law Blog Court finds insured owner and driver of motor vehicle that killed child were underinsured within the meaning of the OPCF 44R Family Protection Coverage as personal liability umbrella policy which included a standard excess policy form (SPF 7) was not a motor vehicle liability policy within the meaning of s. 1 of the Insurance Act or s. 4 of the OPCF 44R. by Tricia Milne and Steven Abramson*
October 1, 2025
What do you stand to lose?  Where an insured breaches a term of an insurance policy, the Court has discretion to grant relief from forfeiture where doing so will not result in prejudice to the insurer.
What do you stand to lose?  Where an insured breaches a term of an insurance policy, the Court has discretion to grant relief from forfeiture where doing so will not result in prejudice to the insurer. What do you stand to lose?  Where an insured breaches a term of an insurance policy, the Court has discretion to grant relief from forfeiture where doing so will not result in prejudice to the insurer. Insurance Law Blog What do you stand to lose?  Where an insured breaches a term of an insurance policy, the Court has discretion to grant relief from forfeiture where doing so will not result in prejudice to the insurer. by Mollie Clark and Steven Abramson*
September 16, 2025
Insured succeeds in declaration that lower retention applies, and for coverage for replacement items
Insured succeeds in declaration that lower retention applies, and for coverage for replacement items Insured succeeds in declaration that lower retention applies, and for coverage for replacement items Insurance Law Blog Insured succeeds in declaration that lower retention applies, and for coverage for replacement items by Mark McPhee and Steven Abramson*
September 1, 2025
Insurance broker met the standard of care by advising its customer on the availability, purpose, and price of excess underinsured motorist protection coverage
Insurance broker met the standard of care by advising its customer on the availability, purpose, and price of excess underinsured motorist protection coverage Insurance broker met the standard of care by advising its customer on the availability, purpose, and price of excess underinsured motorist protection coverage Insurance Law Blog Insurance broker met the standard of care by advising its customer on the availability, purpose, and price of excess underinsured motorist protection coverage by Emilie LeDuc and Steven Abramson*
August 16, 2025
Insurer was not required to defend or indemnify an insured who had been found not criminally responsible
Insurer was not required to defend or indemnify an insured who had been found not criminally responsible Insurer was not required to defend or indemnify an insured who had been found not criminally responsible Insurance Law Blog Insurer was not required to defend or indemnify an insured who had been found not criminally responsible by Aman Taggar and Steven Abramson*
August 1, 2025
Subrogation limits in the context of universal health care
Subrogation limits in the context of universal health care Subrogation limits in the context of universal health care Insurance Law Blog Subrogation limits in the context of universal health care by Dionne H. Liu and Steven Abramson*
July 16, 2025
Be mindful about sub-limits!
Be mindful about sub-limits! Be mindful about sub-limits! Insurance Law Blog Be mindful about sub-limits! by Dionne H. Liu and Steven Abramson*
July 16, 2025
Cleanup Denied – Court Affirms Denial of Coverage Based on Voluntary Tank Removal Exclusion
Cleanup Denied – Court Affirms Denial of Coverage Based on Voluntary Tank Removal Exclusion Cleanup Denied – Court Affirms Denial of Coverage Based on Voluntary Tank Removal Exclusion Insurance Law Blog Cleanup Denied – Court Affirms Denial of Coverage Based on Voluntary Tank Removal Exclusion by Natasha M. Cooke and Steven Abramson*
July 9, 2025
Court finds insured not entitled to liability coverage under homeowner’s policy in circumstances where insured’s criminal negligence caused fire that resulted in injury to third party as policy excluded coverage for criminal acts, whether intentional or not
Court finds insured not entitled to liability coverage under homeowner’s policy in circumstances where insured’s criminal negligence caused fire that resulted in injury to third party as policy excluded coverage for criminal acts, whether intentional or not Court finds insured not entitled to liability coverage under homeowner’s policy in circumstances where insured’s criminal negligence caused fire that resulted in injury to third party as policy excluded coverage for criminal acts, whether intentional or not Insurance Law Blog Court finds insured not entitled to liability coverage under homeowner’s policy in circumstances where insured’s criminal negligence caused fire that resulted in injury to third party as policy excluded coverage for criminal acts, whether intentional or not by Tricia Milne and Steven Abramson*
July 9, 2025
Windstorm? Take Cover(age)!
Windstorm? Take Cover(age)! Windstorm? Take Cover(age)! Insurance Law Blog Windstorm? Take Cover(age)! by Jaeda Lee and Steven Abramson*
July 9, 2025
I said what I meant and I meant what I said: where an insurance policy expressly outlines specific instances where there will be coverage for additional expenses beyond the limits
I said what I meant and I meant what I said: where an insurance policy expressly outlines specific instances where there will be coverage for additional expenses beyond the limits I said what I meant and I meant what I said: where an insurance policy expressly outlines specific instances where there will be coverage for additional expenses beyond the limits Insurance Law Blog I said what I meant and I meant what I said: where an insurance policy expressly outlines specific instances where there will be coverage for additional expenses beyond the limits by Mollie Clark and Steven Abramson*
July 9, 2025
Broker’s conduct binds insurer to defend insured in lawsuit
Broker’s conduct binds insurer to defend insured in lawsuit Broker’s conduct binds insurer to defend insured in lawsuit Insurance Law Blog Broker’s conduct binds insurer to defend insured in lawsuit by Alicia Catalano and Steven Abramson*
July 1, 2025
Void for misrepresentation despite the insurer knowing about the misrepresentation upheld on appeal
Void for misrepresentation despite the insurer knowing about the misrepresentation upheld on appeal Void for misrepresentation despite the insurer knowing about the misrepresentation upheld on appeal Insurance Law Blog Void for misrepresentation despite the insurer knowing about the misrepresentation upheld on appeal by Michael Robinson and Steven Abramson*
June 16, 2025
No coverage for wrongful termination claim indirectly involving sexual misconduct
No coverage for wrongful termination claim indirectly involving sexual misconduct No coverage for wrongful termination claim indirectly involving sexual misconduct Insurance Law Blog No coverage for wrongful termination claim indirectly involving sexual misconduct by Michael Robinson and Steven Abramson*
June 16, 2025
Marijuana exclusion in homeowner policy of insurance ambiguous
Marijuana exclusion in homeowner policy of insurance ambiguous Marijuana exclusion in homeowner policy of insurance ambiguous Insurance Law Blog Marijuana exclusion in homeowner policy of insurance ambiguous by Cameron B. Elder* and Steven Abramson*
June 6, 2025
Insurer does not owe duty of care to tenant of insured premises
Insurer does not owe duty of care to tenant of insured premises Insurer does not owe duty of care to tenant of insured premises Insurance Law Blog Insurer does not owe duty of care to tenant of insured premises by Cameron B. Elder* and Steven Abramson*
June 6, 2025
Caught by the Exclusion
Caught by the Exclusion Caught by the Exclusion Insurance Law Blog Caught by the Exclusion by Dionne H. Liu and Steven Abramson*
June 6, 2025
When Zealous Claims Adjustment Becomes Bad Faith
When Zealous Claims Adjustment Becomes Bad Faith When Zealous Claims Adjustment Becomes Bad Faith Insurance Law Blog When Zealous Claims Adjustment Becomes Bad Faith by Dionne H. Liu and Steven Abramson*
June 6, 2025
Late But Legit: Insured Wins Benefits Battle
Late But Legit: Insured Wins Benefits Battle Late But Legit: Insured Wins Benefits Battle Insurance Law Blog Late But Legit: Insured Wins Benefits Battle by Aman Taggar and Steven Abramson*
April 17, 2025
No repairing home or insured-insurer relationship
No repairing home or insured-insurer relationship Insurance Law Blog No repairing home or insured-insurer relationship by Steven Abramson*
April 17, 2025
Exclusion not coming down the pipe
Exclusion not coming down the pipe Insurance Law Blog Exclusion not coming down the pipe by Steven Abramson*
April 17, 2025
Alleged negligence excluded from errors and omissions coverage due to retroactive date exclusion
Alleged negligence excluded from errors and omissions coverage due to retroactive date exclusion Alleged negligence excluded from errors and omissions coverage due to retroactive date exclusion Insurance Law Blog Alleged negligence excluded from errors and omissions coverage due to retroactive date exclusion by Mark McPhee and Steven Abramson*
April 17, 2025
Action against ICBC for damages from a hit and run accident dismissed due to lack of reasonable efforts made to identify the person(s) involved
Action against ICBC for damages from a hit and run accident dismissed due to lack of reasonable efforts made to identify the person(s) involved Action against ICBC for damages from a hit and run accident dismissed due to lack of reasonable efforts made to identify the person(s) involved Insurance Law Blog Action against ICBC for damages from a hit and run accident dismissed due to lack of reasonable efforts made to identify the person(s) involved by Mark McPhee and Steven Abramson*
April 17, 2025
No professional negligence coverage for a licensed paralegal under a lawyer’s policy
No professional negligence coverage for a licensed paralegal under a lawyer’s policy No professional negligence coverage for a licensed paralegal under a lawyer’s policy Insurance Law Blog No professional negligence coverage for a licensed paralegal under a lawyer’s policy by Michael Robinson and Steven Abramson*
February 12, 2025
Court of Appeal confirms Extended Water Damage Endorsement did not apply as groundwater was not the direct cause of the insured’s loss
Court of Appeal confirms Extended Water Damage Endorsement did not apply as groundwater was not the direct cause of the insured’s loss Court of Appeal confirms Extended Water Damage Endorsement did not apply as groundwater was not the direct cause of the insured’s loss Insurance Law Blog Court of Appeal confirms Extended Water Damage Endorsement did not apply as groundwater was not the direct cause of the insured’s loss by Alicia Catalano and Steven Abramson*
February 12, 2025
Off-site supplier falls within definition of “insured” under wrap up liability insurance policy
Off-site supplier falls within definition of “insured” under wrap up liability insurance policy Off-site supplier falls within definition of “insured” under wrap up liability insurance policy Insurance Law Blog Off-site supplier falls within definition of “insured” under wrap up liability insurance policy by Natasha M. Cooke and Steven Abramson*
February 12, 2025
Imperfect Compliance? No Problem!
Imperfect Compliance? No Problem! Imperfect Compliance? No Problem! Insurance Law Blog Imperfect Compliance? No Problem! by Jaeda Lee and Steven Abramson*
January 6, 2025
Court finds that structural damage at property was caused by settlement over time, culminating in sudden event, rather than sinkhole or subsidence, such that exclusion in Policy applied to oust coverage
Court finds that structural damage at property was caused by settlement over time, culminating in sudden event, rather than sinkhole or subsidence, such that exclusion in Policy applied to oust coverage Court finds that structural damage at property was caused by settlement over time, culminating in sudden event, rather than sinkhole or subsidence, such that exclusion in Policy applied to oust coverage Insurance Law Blog Court finds that structural damage at property was caused by settlement over time, culminating in sudden event, rather than sinkhole or subsidence, such that exclusion in Policy applied to oust coverage by Tricia Milne and Steven Abramson*
January 6, 2025
Insured denied defence in respect to negligence claim arising out of sale of property
Insured denied defence in respect to negligence claim arising out of sale of property Insured denied defence in respect to negligence claim arising out of sale of property Insurance Law Blog Insured denied defence in respect to negligence claim arising out of sale of property by Cameron B. Elder* and Steven Abramson*
January 6, 2025
Insurers for parties on whom minor was equally financially dependent had priority for payment of SABS to minor injured in MVA
Insurers for parties on whom minor was equally financially dependent had priority for payment of SABS to minor injured in MVA Insurers for parties on whom minor was equally financially dependent had priority for payment of SABS to minor injured in MVA Insurance Law Blog Insurers for parties on whom minor was equally financially dependent had priority for payment of SABS to minor injured in MVA by Cameron B. Elder* and Steven Abramson*
January 6, 2025
Security in Numbers: Who’s Liable for Coverage for One Incident with Two Policies?
Security in Numbers: Who’s Liable for Coverage for One Incident with Two Policies? Security in Numbers: Who’s Liable for Coverage for One Incident with Two Policies? Insurance Law Blog Security in Numbers: Who’s Liable for Coverage for One Incident with Two Policies? by Aman Taggar and Steven Abramson*
January 6, 2025
What you do know can hurt you
What you do know can hurt you What you do know can hurt you Insurance Law Blog What you do know can hurt you by Mollie Clark and Steven Abramson*
December 16, 2024
Reporting late provides no relief
Reporting late provides no relief Insurance Law Blog Reporting late provides no relief by Steven Abramson*
December 16, 2024
Don’t wait to investigate, or a coverage denial may be in the pipeline
Don’t wait to investigate, or a coverage denial may be in the pipeline Insurance Law Blog Don’t wait to investigate, or a coverage denial may be in the pipeline by Steven Abramson*
December 16, 2024
Delay reporting at your own peril
Delay reporting at your own peril Delay reporting at your own peril Insurance Law Blog Delay reporting at your own peril by Dionne H. Liu and Steven Abramson*
November 6, 2024
The limits of title insurance
The limits of title insurance The limits of title insurance Insurance Law Blog The limits of title insurance by Dionne H. Liu and Steven Abramson*
November 6, 2024
No defence required due to a material misrepresentation by omission
No defence required due to a material misrepresentation by omission No defence required due to a material misrepresentation by omission Insurance Law Blog No defence required due to a material misrepresentation by omission by Mark McPhee and Steven Abramson*
November 6, 2024
Duty to defend an insured who allegedly caused a fire using booster cables to jump a forklift
Duty to defend an insured who allegedly caused a fire using booster cables to jump a forklift Duty to defend an insured who allegedly caused a fire using booster cables to jump a forklift Insurance Law Blog Duty to defend an insured who allegedly caused a fire using booster cables to jump a forklift by Michael Robinson and Steven Abramson*
November 6, 2024
Private lender indemnified for prepaid interest after title fraud
Private lender indemnified for prepaid interest after title fraud Private lender indemnified for prepaid interest after title fraud Insurance Law Blog Private lender indemnified for prepaid interest after title fraud by Michael Robinson and Steven Abramson*
November 6, 2024
Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion
Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion Insurance Law Blog Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion by Tricia Milne and Steven Abramson*
July 1, 2024
Looking for Insurance payouts? Get in line!
Looking for Insurance payouts? Get in line! Looking for Insurance payouts? Get in line! Insurance Law Blog Looking for Insurance payouts? Get in line! by Jaeda Lee and Steven Abramson*
June 16, 2024
No means no: history of refusing excess coverage informs whether insured would have purchased excess coverage
No means no: history of refusing excess coverage informs whether insured would have purchased excess coverage Insurance Law Blog No means no: history of refusing excess coverage informs whether insured would have purchased excess coverage by Steven Abramson*
June 3, 2024
Collapsing soil and collapsing coverage
Collapsing soil and collapsing coverage Insurance Law Blog Collapsing soil and collapsing coverage by Steven Abramson*
June 2, 2024
Thorough fire investigations are key to determining coverage
Thorough fire investigations are key to determining coverage Insurance Law Blog Thorough fire investigations are key to determining coverage by Steven Abramson*
June 1, 2024
Give an inch, but they can’t take a mile: where an insurer is bound to coverage through the implied or ostensible authority of a broker, coverage will be limited to the scope of the representation made to the insured
Give an inch, but they can’t take a mile: where an insurer is bound to coverage through the implied or ostensible authority of a broker, coverage will be limited to the scope of the representation made to the insured Give an inch, but they can’t take a mile: where an insurer is bound to coverage through the implied or ostensible authority of a broker, coverage will be limited to the scope of the representation made to the insured Insurance Law Blog Give an inch, but they can’t take a mile: where an insurer is bound to coverage through the implied or ostensible authority of a broker, coverage will be limited to the scope of the representation made to the insured by Mollie Clark and Steven Abramson*
May 16, 2024
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 Insurance Law Blog Expiry of limitation period makes demand for appraisal of no force and effect by Alicia Catalano and Steven Abramson*
May 1, 2024
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 Insurance Law Blog Consecutive inconsistent determinations of an insured’s entitlement to statutory accident benefits can be made without constituting an abuse of process by Mark McPhee and Steven Abramson*
April 16, 2024
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 Insurance Law Blog The right of equitable contribution for defence costs is limited by the scope of coverage by Mark McPhee and Steven Abramson*
April 16, 2024
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 Insurance Law Blog Don’t lie to your insurer – it doesn’t pay well by Dionne H. Liu and Steven Abramson*
April 1, 2024
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 Insurance Law Blog Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected by Aman Taggar and Steven Abramson*
March 16, 2024
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 Insurance Law Blog Relief from forfeiture not available for late reporting of D&O claim by Cameron B. Elder* and Steven Abramson*
March 1, 2024
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 Insurance Law Blog Insured not entitled to business interruption coverage for losses sustained during pandemic by Cameron B. Elder* and Steven Abramson*
March 1, 2024
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 Insurance Law Blog Insurer liable to insured for damages relating to release of pollutants from a pipeline by Cameron B. Elder* and Steven Abramson*
March 1, 2024
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 Insurance Law Blog No duty to defend the insured for claims arising out of prior litigation by Michael Robinson
February 27, 2024
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 Insurance Law Blog 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 by Tricia Milne
February 27, 2024
No by-law coverage for undamaged portions of an elevator shaft
No by-law coverage for undamaged portions of an elevator shaft Insurance Law Blog No by-law coverage for undamaged portions of an elevator shaft by Michael Robinson
February 27, 2024
Priority coverage dispute between insurance companies – someone’s got to pay!
Priority coverage dispute between insurance companies – someone’s got to pay! Insurance Law Blog Priority coverage dispute between insurance companies – someone’s got to pay! by Jaeda Lee
January 30, 2024
Airbnb renters may be insureds under strata insurance policies
Insurance Law Blog Airbnb renters may be insureds under strata insurance policies January 30, 2024
Playing with fire and subrogation waivers
Insurance Law Blog Playing with fire and subrogation waivers January 30, 2024
Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Insurance Law Blog Compliance costs excluded under residential homeowners policy by Alicia Catalano
December 27, 2023
Insurer applies “belts, braces and beyond” approach to excluding liability
Insurance Law Blog Insurer applies “belts, braces and beyond” approach to excluding liability December 27, 2023
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 Insurance Law Blog A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial by Mollie Clark
November 29, 2023
Better to ask for permission than to seek forgiveness!
Better to ask for permission than to seek forgiveness! Insurance Law Blog Better to ask for permission than to seek forgiveness! by Dionne H. Liu
November 29, 2023
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 Insurance Law Blog Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion by Mark McPhee
November 29, 2023
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 Insurance Law Blog Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result by Mark McPhee
November 29, 2023
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 Insurance Law Blog Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits by Cameron B. Elder*
October 20, 2023
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 Insurance Law Blog 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 by Cameron B. Elder*
October 20, 2023
Human rights allegation allowed in civil action for breach of contract
Human rights allegation allowed in civil action for breach of contract Insurance Law Blog Human rights allegation allowed in civil action for breach of contract by Michael Robinson
September 27, 2023
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 Insurance Law Blog BC Court has jurisdiction for coverage dispute between American company and American insurer by Michael Robinson
September 27, 2023
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 Insurance Law Blog Court paves path for pro rata distribution in insurance dispute with several claimants by Tricia Milne
September 27, 2023
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 Insurance Law Blog Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses by Alicia Catalano
August 29, 2023
Insureds should get their own property valuations
Insurance Law Blog Insureds should get their own property valuations August 29, 2023
Do not confuse an MGA with an insurer
Insurance Law Blog Do not confuse an MGA with an insurer August 29, 2023
The Duty to Defend: A Clarion Call
Insurance Law Blog The Duty to Defend: A Clarion Call July 25, 2023
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 Insurance Law Blog 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 by Mollie Clark
July 25, 2023
Don’t worry, you get more than one shot
Don’t worry, you get more than one shot Insurance Law Blog Don’t worry, you get more than one shot by Dionne H. Liu
June 13, 2023
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 Insurance Law Blog Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation by Mark McPhee
June 13, 2023
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 Insurance Law Blog Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause by Mark McPhee
June 13, 2023
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 Insurance Law Blog Insurer not under duty to defend Ontario in class action brought in relation to delays in operation of bail release system by Cameron B. Elder*
May 9, 2023
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 Insurance Law Blog 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 by Cameron B. Elder*
May 9, 2023
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break Insurance Law Blog No coverage for assault with a knife during psychotic break by Michael Robinson
May 9, 2023
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” Insurance Law Blog The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” by Tricia Milne
April 11, 2023
Windfall from wildfire reduced covered loss
Insurance Law Blog Windfall from wildfire reduced covered loss April 11, 2023
Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
Insurance Law Blog Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime April 11, 2023
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
Insurance Law Blog Insureds beware: Fib not, lest you forfeit entirely your right to indemnity April 11, 2023
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 Insurance Law Blog 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 by Alicia Catalano
March 14, 2023
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 Insurance Law Blog 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 by Mollie Clark
February 14, 2023
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 Insurance Law Blog 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 by Mollie Clark
February 14, 2023
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 Insurance Law Blog Dirt biker entitled to accident benefits from auto insurer where bike is not exempt from insurance requirements by Mark McPhee
January 10, 2023
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 Insurance Law Blog No coverage for claim that was reasonably foreseeable prior to inception of claims made policy by Mark McPhee
January 10, 2023
Coverage down the toilet due to vacancy
Insurance Law Blog Coverage down the toilet due to vacancy January 10, 2023
Seven years too late for coverage
Insurance Law Blog Seven years too late for coverage January 10, 2023
Family of victim of accidental military activity recovers from insurers
Family of victim of accidental military activity recovers from insurers Insurance Law Blog Family of victim of accidental military activity recovers from insurers by Dionne H. Liu
December 13, 2022
It’s too soon!
It’s too soon! Insurance Law Blog It’s too soon! by Dionne H. Liu
December 13, 2022
Insurance Law Blog Wrap up has duty to defend actions alleging defects in curtain-wall system November 8, 2022
Insurance Law Blog Homeowners’ policy for rebuilding costs included coverage for costs arising from compliance with regulatory policies November 8, 2022
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 Insurance Law Blog Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist by Cameron B. Elder*
October 11, 2022
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 Insurance Law Blog Employee not entitled to defence in claims alleging tort of intrusion upon exclusion by Cameron B. Elder*
October 11, 2022
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 Insurance Law Blog Defendant insurer entitled to jury trial in a claim for indemnity under marine insurance policy by Cameron B. Elder*
October 11, 2022
No uninsured motorist coverage for passenger in stolen vehicle
No uninsured motorist coverage for passenger in stolen vehicle Insurance Law Blog No uninsured motorist coverage for passenger in stolen vehicle by Michael Robinson
October 11, 2022
O what a tangled web…
Insurance Law Blog O what a tangled web… September 13, 2022
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 Insurance Law Blog 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 by Tricia Milne
September 13, 2022
Coverage dried up for desiccant supplier
Insurance Law Blog Coverage dried up for desiccant supplier August 9, 2022
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 Insurance Law Blog Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault by Alicia Catalano
August 9, 2022
A duty from mere possibilities
A duty from mere possibilities Insurance Law Blog A duty from mere possibilities by Dionne H. Liu
July 12, 2022
It’s a scorcher!
It’s a scorcher! Insurance Law Blog It’s a scorcher! by Dionne H. Liu
July 12, 2022
Insurance Law Blog Unclear warranty results in insurer owing a duty to defend a lawsuit for Mud Bog Event injury July 12, 2022
Insurance Law Blog Court upholds insurer’s denial of life insurance coverage after insured’s overdose July 12, 2022
Limit of liability for business losses applies to each business location
Limit of liability for business losses applies to each business location Insurance Law Blog Limit of liability for business losses applies to each business location by Cameron B. Elder*
June 14, 2022
Policy of credit risk insurance subject to limit of $100,000 across all buyers Insurance Law Blog Policy of credit risk insurance subject to limit of $100,000 across all buyers by Cameron B. Elder*
June 14, 2022
Title insurer has a duty to defend insured subject to claim for damages Insurance Law Blog Title insurer has a duty to defend insured subject to claim for damages by Cameron B. Elder*
June 14, 2022
Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss Insurance Law Blog Insureds not entitled to additional living expenses in excess of policy limits notwithstanding delays in effecting repairs and paying out the loss by Cameron B. Elder*
June 14, 2022
Insurance Law Blog Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim June 14, 2022
Insurance Law Blog Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect June 14, 2022
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 Insurance Law Blog Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim by Tricia Milne
May 10, 2022
Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters
Insurance Law Blog Ruling on Duty to Defend vs Duty to Indemnify: Timing Matters May 10, 2022
Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer Insurance Law Blog Insured entitled to indemnification by insurer due to Court interpreting policy contra proferentem against insurer by Alicia Catalano
April 12, 2022
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 Insurance Law Blog Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial by Michael Robinson
April 12, 2022
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 Insurance Law Blog Insurer not out of time to third party broker following 2013 life insurance denial by Michael Robinson
April 12, 2022
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 Insurance Law Blog Life insurance policy declared valid and payable to plaintiff beneficiary due to no evidence of material or fraudulent misrepresentation by Alicia Catalano
March 8, 2022
Insurance Law Blog The collaborative appraiser does not need to be independent March 8, 2022
Clearing up the pollution of the duty to defend analysis
Clearing up the pollution of the duty to defend analysis Insurance Law Blog Clearing up the pollution of the duty to defend analysis by Dionne H. Liu
February 22, 2022
Bullying is indefensible
Insurance Law Blog Bullying is indefensible February 22, 2022
Drilling down into policy limits: business interruption versus property damage
Insurance Law Blog Drilling down into policy limits: business interruption versus property damage February 22, 2022
Application for Property Inspection Granted to Insurer
Application for Property Inspection Granted to Insurer Insurance Law Blog Application for Property Inspection Granted to Insurer by Michael Robinson
January 24, 2022
Flawed Duty to Defend Application Dismissed
Flawed Duty to Defend Application Dismissed Insurance Law Blog Flawed Duty to Defend Application Dismissed by Michael Robinson
January 24, 2022
Insurance Law Blog Intentional business decisions are not an accidental “occurrence” January 24, 2022
Insurance Law Blog Promisor’s knowledge of facts is critical to proving promissory estoppel January 24, 2022
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 Insurance Law Blog 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 by Tricia Milne
January 24, 2022
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.” Insurance Law Blog 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.” by Tricia Milne
January 24, 2022
Insurance Law Blog Limitation period clock does not restart when a plaintiff goes to law school December 23, 2021
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 Insurance Law Blog Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full by Mark McPhee
December 23, 2021
Insurer entitled to partially deduct Part 7 medication expenses from cost of care award Insurance Law Blog Insurer entitled to partially deduct Part 7 medication expenses from cost of care award by Cameron B. Elder*
November 9, 2021
Insured had no expectation of privacy in relation to participation at case conference Insurance Law Blog Insured had no expectation of privacy in relation to participation at case conference by Cameron B. Elder*
November 9, 2021
Insured alleged to have shaken baby not entitled to defence Insurance Law Blog Insured alleged to have shaken baby not entitled to defence by Cameron B. Elder*
November 9, 2021
Insured has burden of proof in application to reinstate accident benefits Insurance Law Blog Insured has burden of proof in application to reinstate accident benefits by Cameron B. Elder*
November 9, 2021
Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
Insurance Law Blog Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims November 9, 2021
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 Insurance Law Blog Broker not allowed third party claim where coverage should be decided in separate proceeding by Alicia Catalano
October 12, 2021
Criminal activity was not material to life insurance risk
Criminal activity was not material to life insurance risk Insurance Law Blog Criminal activity was not material to life insurance risk by Dionne H. Liu
September 14, 2021
Duty to defend for property damage claim less than deductible
Duty to defend for property damage claim less than deductible Insurance Law Blog Duty to defend for property damage claim less than deductible by Michael Robinson
September 14, 2021
No material change prior to complete fire loss Insurance Law Blog No material change prior to complete fire loss by Michael Robinson
September 14, 2021
Insurance Law Blog The tort of intrusion upon seclusion is not accidental September 14, 2021
Accident benefits to the detriment of the insured
Insurance Law Blog Accident benefits to the detriment of the insured September 14, 2021
Insurance Law Blog Slippery slope not expected or intended September 14, 2021
Insurance Law Blog Insurer obligated to defend former directors of a credit union for a legal action commenced by the FRSA August 10, 2021
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 Insurance Law Blog 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 by Tricia Milne
August 10, 2021
Insurance Law Blog Insurer found to have breached duty of utmost good faith by volunteering information from insured’s statement to the police August 10, 2021
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 Insurance Law Blog Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC by Mark McPhee
June 8, 2021
Insured not entitled to E&O coverage for advice in relation to failed real estate venture Insurance Law Blog Insured not entitled to E&O coverage for advice in relation to failed real estate venture by Cameron B. Elder*
June 8, 2021
Insured denied defence due to failure to disclose business use of motor vehicle Insurance Law Blog Insured denied defence due to failure to disclose business use of motor vehicle by Cameron B. Elder*
June 8, 2021
Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy Insurance Law Blog Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy by Cameron B. Elder*
June 8, 2021
Mandatory dispute resolution process under Insurance Act is mandatory Insurance Law Blog Mandatory dispute resolution process under Insurance Act is mandatory by Cameron B. Elder*
June 8, 2021
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 Insurance Law Blog Broker ordered to pay replacement cost where insured could not replace because of coverage denial by Alicia Catalano
May 11, 2021
Land and soil around insured home not insured based on policy language
Land and soil around insured home not insured based on policy language Insurance Law Blog Land and soil around insured home not insured based on policy language by Alicia Catalano
May 11, 2021
Insurance Law Blog 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 May 11, 2021
Insurance Law Blog Insurer successfully applies vacancy exclusion to deny coverage to intentionless insured May 11, 2021
Insurance Law Blog Wrapping up the duty to defend May 11, 2021
Insurance Law Blog Ambiguous exclusions are meaningless May 11, 2021
Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint Insurance Law Blog Occasional payments from an acquaintance did not exclude coverage after the insured’s vehicle was stolen at gunpoint by Michael Robinson
April 13, 2021
No policy limit for mitigation of loss coverage Insurance Law Blog No policy limit for mitigation of loss coverage by Michael Robinson
April 13, 2021
Insurance Law Blog Subcontractor owes duty to indemnify and defend despite contractor’s obligation to obtain wrap up liability insurance for subcontractors April 13, 2021
Insurance Law Blog “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 April 13, 2021
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 Insurance Law Blog Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards by Tricia Milne
March 9, 2021
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 Insurance Law Blog Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices by Tricia Milne
March 9, 2021
Insurance Law Blog Broad exclusion clause titled “Total Pollution Exclusion” deemed ambiguous March 9, 2021
Insurance Law Blog Intellectual property agreements are personal contracts March 9, 2021
Beware of the foul ball
Beware of the foul ball Insurance Law Blog Beware of the foul ball by Dionne H. Liu
February 9, 2021
The written word carries the day
The written word carries the day Insurance Law Blog The written word carries the day by Dionne H. Liu
February 9, 2021
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 Insurance Law Blog Don’t lose sight of the forest for the trees when considering a duty to defend by Mark McPhee
February 9, 2021
Insurance Law Blog 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 February 9, 2021
Insurance Law Blog Innocent plaintiff denied coverage due to marijuana exclusion clause February 9, 2021
Insurance Law Blog Tort settlement does not change entitlement to Part 7 disability benefits January 12, 2021
Insurance Law Blog Not all bad faith results in punitive damages January 12, 2021
Insurance Law Blog Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment January 12, 2021
Insurance Law Blog Death by drowning precipitated by a cardiac event was excluded from coverage under accidental death insurance policy January 12, 2021