Coverage excluded due to retroactive date in a claims-made policy

Insurance law – Commercial general liability insurance – Professional negligence – Exclusions – Occurrence vs. claims based policy – Interpretation of policy First Condo Group Ltd. v. Lloyd’s Underwriters, [2020] O.J. No. 122, 2020 ONSC 146, Ontario Superior Court of Justice, January 8, 2020, P.M. Perell J. The insured was an engineering firm who prepared ...

The insured’s failure to provide her son’s updated contact information did not breach the duty to cooperate

Insurance law – Automobile insurance – Breach of policy – Relief against forfeiture – Practice – Appeal – Summary judgments Ruddell v. Gore Mutual Insurance Co., [2019] O.J. No. 2130, 2019 ONCA 328, Ontario Court of Appeal, April 25, 2019, K.M. van Rensburg, C.W. Hourigan and G. Huscroft JJ.A. The insured’s son was the driver of ...

Insurer ordered to produce its policies, procedures, guidelines and internal documents concerning how an accident benefits claim was handled in a bad faith action

Insurance law – Automobile insurance – Benefits – Motor vehicle accidents – Bad faith Malloy v. Intact Insurance Co., [2019] N.S.J. No. 170, 2019 NSSC 131, Nova Scotia Supreme Court, April 29, 2019, J.S. Campbell J. The insured was injured in a motor vehicle accident. The insurer accepted the claim for accident benefits, but denied ...

The insurer was not obliged to defend and indemnify the adult child of the named insured because the adult child was not a member of the insured’s household

Insurance law – Homeowner’s insurance – Duty to defend – Members of a household – Interpretation of policy – Practice – Appeal Ferro v. Weiner Estate, [2019] O.J. No. 386, 2019 ONCA 55, Ontario Court of Appeal, January 28, 2019, C.W. Hourigan, B. Miller and G.T. Trotter JJ.A. The insurer appealed a summary trial decision ...

The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5)

11. December 2018 0
The insured’s claim for diminished value of his vehicle following a collision was dismissed because the claim was excluded by Statutory Condition 4(5). Insurance law – Automobile insurance – Diminished value – Interpretation of policy – Statutory provisions – Practice – Summary judgments Dion v. Security National Insurance Co., [2018] A.J. No. 1222, 2018 ABPC ...

A third party contractor’s claim against the insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismissed

11. December 2018 0
Insurance law – Liability insurance – General contractors – Third parties – Interpretation of policy – Practice – Summary judgments SWAT Consulting Ltd. v. Canadian Western Bank, [2018] A.J. No. 1250, 2018 ABQB 875, Alberta Court of Queen’s Bench, October 24, 2018, Master J.T. Prowse The insurer indemnified the insured for the costs to clean-up ...