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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
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
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
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
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
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 Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office Administrative Law Blog The Applicant, a Justice of the Peace, unsuccessfully sought judicial review of a decision from the Respondent, Justices of the Peace Review Council. The Council found her guilty of judicial misconduct and recommended that she be removed from judicial office by Scott J. Marcinkow*
June 20, 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
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
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
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
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
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
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
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
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
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
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
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 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
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
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 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
Insurance Law Blog The tort of intrusion upon seclusion is not accidental September 14, 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
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 Insurer successfully applies vacancy exclusion to deny coverage to intentionless insured May 11, 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 “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
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 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