Posts tagged Summary judgments

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Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected
Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected Widow’s claim for constructive trust on life insurance benefits paid to deceased’s mother rejected
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial
Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result
Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result Insured releases accident benefits insurer from all claims and is precluded from seeking punitive and aggravated damages as a result
Don’t worry, you get more than one shot
Don’t worry, you get more than one shot Don’t worry, you get more than one shot
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
Windfall from wildfire reduced covered loss
Windfall from wildfire reduced covered loss Windfall from wildfire reduced covered loss
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
Insureds beware: Fib not, lest you forfeit entirely your right to indemnity Insureds beware: Fib not, lest you forfeit entirely your right to indemnity
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur What you don’t know can hurt you: an exclusion clause for failure to prevent an assault may exclude coverage for negligently failing to prevent assault without having any direct knowledge the assault was going to occur
Coverage down the toilet due to vacancy
Coverage down the toilet due to vacancy Coverage down the toilet due to vacancy
Family of victim of accidental military activity recovers from insurers
Family of victim of accidental military activity recovers from insurers Family of victim of accidental military activity recovers from insurers
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Employee not entitled to defence in claims alleging tort of intrusion upon exclusion Employee not entitled to defence in claims alleging tort of intrusion upon exclusion
Coverage dried up for desiccant supplier
Coverage dried up for desiccant supplier Coverage dried up for desiccant supplier
It’s a scorcher!
It’s a scorcher! It’s a scorcher!
Court upholds insurer’s denial of life insurance coverage after insured’s overdose
Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim
Drilling down into policy limits: business interruption versus property damage
Drilling down into policy limits: business interruption versus property damage Drilling down into policy limits: business interruption versus property damage
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture
Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full
Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full Foreclosure and ordered sale of a property does not extinguish insurable interest until title transfers in full
The tort of intrusion upon seclusion is not accidental
Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy Insured’s claim for uninsured motorist coverage denied on the basis of fraudulent claim for disability benefits under same policy
Insurer successfully applies vacancy exclusion to deny coverage to intentionless insured
No policy limit for mitigation of loss coverage No policy limit for mitigation of loss coverage
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards
Beware of the foul ball
Beware of the foul ball Beware of the foul ball
The written word carries the day
The written word carries the day The written word carries the day
Innocent plaintiff denied coverage due to marijuana exclusion clause