Applicant insurer was not estopped from litigating coverage by a prior holding on the respondent insurer’s duty to defend

09. April 2019 0
Insurance law – Commercial general liability insurance – Homeowner’s insurance – Duty to defend – Excess liability – Estoppel Royal & Sun Alliance Insurance Co. v. Intact Financial Corp., [2019] O.J. No. 969, 2019 ONSC 1339, Ontario Superior Court of Justice, February 26, 2019, E.M. Morgan J. The applicant insurer sought an order requiring the ...

Insured’s claim under a motor vehicle insurance policy was dismissed as there was no evidence the accident was caused by an unidentified driver

09. April 2019 0
Insurance law – Automobile insurance – Unidentified motorist – Practice – Summary judgments Passarelli v. Personal Insurance Co., [2019] O.J. No. 1075, 2019 ONSC 1408, Ontario Superior Court of Justice, February 28, 2019, E.M. Morgan J. The insurer applied for summary judgment on the basis there was no evidence for the insured’s claim under the ...

Marijuana grow operation was a material change of risk that entitled the insurer to void the insured’s home insurance policy after a fire

09. April 2019 0
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Misrepresentation in obtaining insurance – Statutory provisions Schellenberg v. Wawanesa Mutual Insurance Co., [2019] B.C.J. No. 221, 2019 BCSC 196, British Columbia Supreme Court, February 19, 2019, M.L. Fleming J. The insurer voided the insureds’ homeowner policy after a fire for ...

Automobile insurer’s denial of coverage on the basis that the insured failed to attend a medical examination was upheld on appeal

09. April 2019 0
Insurance law – Automobile insurance – Independent medical examination – Terms of policy – Breach of policy – Practice – Leave to appeal Greenidge v. Allstate Insurance Co., [2019] A.J. No. 151, 2019 ABCA 52, Alberta Court of Appeal, February 8, 2019, P.T. Costigan, F.L. Schutz and M.G. Crighton JJ.A. The insured appealed the lower ...

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 ...

A pedestrian qualified for coverage under her spouse’s employer’s motor vehicle insurance policy as the motor vehicle was available to the spouse for regular use at the time the pedestrian was struck by a motor vehicle

08. March 2019 0
Insurance law – Automobile insurance – Statutory Accident Benefits Schedule – Interpretation of policy – Excess liability Murphy v. Savoie, [2019] O.J. No. 72, 2019 ONSC 121, Ontario Superior Court of Justice, January 8, 2019, E.M. Morgan J. A pedestrian who was struck by a motor vehicle sought coverage under an insurance policy which covered ...

Two insurance policies had the same “other insurance” clauses which made the policies excess insurance when other insurance was applicable. The two insurers were required to share equally in the defence and indemnity of the insured.

08. March 2019 0
Insurance law – Homeowner’s insurance – Multiple policies – Overlapping policies – Different insurer – Interpretation of policy – Exclusions – Excess liability – Duty to defend – Practice – Appeals TD General Insurance Co. v. Intact Insurance Co., [2019] O.J. No. 60, 2019 ONCA 5, Ontario Court of Appeal, January 9, 2019, R.G. Juriansz, ...

The insurer’s denial of coverage for an Intellibed Mattress was not improper and accordingly a bad faith claim could not succeed

08. March 2019 0
Insurance law – Automobile insurance – Interpretation of policy – Statutory provisions – Independent medical examination – Bad faith – Practice – Summary judgments Rahall v. Intact Insurance Co., [2019] A.J. No. 82, 2019 ABPC 11, Alberta Provincial Court, January 15, 2019, S.L. Corbett Prov. Ct. J. The insurer denied coverage for an Intellibed Mattress ...