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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 25, 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
Airbnb renters may be insureds under strata insurance policies Insurance Law Blog Airbnb renters may be insureds under strata insurance policies by Joe Antifaev
January 30, 2024
Playing with fire and subrogation waivers
Playing with fire and subrogation waivers Insurance Law Blog Playing with fire and subrogation waivers by Joe Antifaev
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
Insurer applies “belts, braces and beyond” approach to excluding liability Insurance Law Blog Insurer applies “belts, braces and beyond” approach to excluding liability by Siobhan H. Sams
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
Insureds should get their own property valuations Insurance Law Blog Insureds should get their own property valuations by Joe Antifaev
August 29, 2023
Do not confuse an MGA with an insurer
Do not confuse an MGA with an insurer Insurance Law Blog Do not confuse an MGA with an insurer by Joe Antifaev
August 29, 2023
The Duty to Defend: A Clarion Call
The Duty to Defend: A Clarion Call Insurance Law Blog The Duty to Defend: A Clarion Call by Siobhan H. Sams
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
Windfall from wildfire reduced covered loss Insurance Law Blog Windfall from wildfire reduced covered loss by Joe Antifaev
April 11, 2023
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 Insurance Law Blog Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime by Joe Antifaev
April 11, 2023
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
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 by Siobhan H. Sams
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
Coverage down the toilet due to vacancy Insurance Law Blog Coverage down the toilet due to vacancy by Joe Antifaev
January 10, 2023
Seven years too late for coverage
Seven years too late for coverage Insurance Law Blog Seven years too late for coverage by Joe Antifaev
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…
O what a tangled web… Insurance Law Blog O what a tangled web… by Siobhan H. Sams
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
Coverage dried up for desiccant supplier Insurance Law Blog Coverage dried up for desiccant supplier by Joe Antifaev
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
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 by Siobhan H. Sams
May 10, 2022
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 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
Bullying is indefensible Insurance Law Blog Bullying is indefensible by Joe Antifaev
February 22, 2022
Drilling down into policy limits: business interruption versus property damage
Drilling down into policy limits: business interruption versus property damage Insurance Law Blog Drilling down into policy limits: business interruption versus property damage by Joe Antifaev
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
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 by Siobhan H. Sams
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
Accident benefits to the detriment of the insured Insurance Law Blog Accident benefits to the detriment of the insured by Joe Antifaev
September 14, 2021
Slippery slope not expected or intended Insurance Law Blog Slippery slope not expected or intended by Joe Antifaev
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
Wrapping up the duty to defend Insurance Law Blog Wrapping up the duty to defend by Joe Antifaev
May 11, 2021
Ambiguous exclusions are meaningless Insurance Law Blog Ambiguous exclusions are meaningless by Joe Antifaev
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
Tort settlement does not change entitlement to Part 7 disability benefits Insurance Law Blog Tort settlement does not change entitlement to Part 7 disability benefits by Joe Antifaev
January 12, 2021
Not all bad faith results in punitive damages Insurance Law Blog Not all bad faith results in punitive damages by Joe Antifaev
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