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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 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
Priority coverage dispute between insurance companies – someone’s got to pay!
Priority coverage dispute between insurance companies – someone’s got to pay! Priority coverage dispute between insurance companies – someone’s got to pay!
Compliance costs excluded under residential homeowners policy
Compliance costs excluded under residential homeowners policy Compliance costs excluded under residential homeowners policy
Insurer applies “belts, braces and beyond” approach to excluding liability
Insurer applies “belts, braces and beyond” approach to excluding liability Insurer applies “belts, braces and beyond” approach to excluding liability
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
Better to ask for permission than to seek forgiveness!
Better to ask for permission than to seek forgiveness! Better to ask for permission than to seek forgiveness!
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 Coverage denied to driver and owner of ATV due to driver’s breach of license conditions, but granted for the owner by summary motion
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
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 Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits
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 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
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 BC Court has jurisdiction for coverage dispute between American company and American insurer
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 Saskatchewan Court of Appeal finds lower court appropriately dismissed action summarily but erred in assessment of exclusion clauses
Do not confuse an MGA with an insurer
Do not confuse an MGA with an insurer Do not confuse an MGA with an insurer
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 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
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
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 Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation
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 Exclusion clause held not to cover certain claims arising out of negligence, as a consequence of the specific wording in the clause
No coverage for assault with a knife during psychotic break
No coverage for assault with a knife during psychotic break No coverage for assault with a knife during psychotic break
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
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 Feels like the first time: defending under an occurrence-based policy for damage that could have happened anytime
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
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 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
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
It’s too soon!
It’s too soon! It’s too soon!
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 Insurer entitled to equitable contribution from another insurer in relation to claim against pharmacist
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
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 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
Coverage dried up for desiccant supplier
Coverage dried up for desiccant supplier Coverage dried up for desiccant supplier
A duty from mere possibilities
A duty from mere possibilities A duty from mere possibilities
It’s a scorcher!
It’s a scorcher! It’s a scorcher!
Unclear warranty results in insurer owing a duty to defend a lawsuit for Mud Bog Event injury
Court upholds insurer’s denial of life insurance coverage after insured’s overdose
Limit of liability for business losses applies to each business location
Limit of liability for business losses applies to each business location Limit of liability for business losses applies to each business location
Title insurer has a duty to defend insured subject to claim for damages Title insurer has a duty to defend insured subject to claim for damages
Punitive damages awarded against homeowner’s insurer for withholding payment of undisputed parts of a fire loss claim
Ontario Court of Appeal says that innocent persons amendment in Ontario’s Insurance Act does not have retroactive effect
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 Insured not entitled to punitive damages or actual legal fees following an initial travel medical policy denial
The collaborative appraiser does not need to be independent
Clearing up the pollution of the duty to defend analysis
Clearing up the pollution of the duty to defend analysis Clearing up the pollution of the duty to defend analysis
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
Application for Property Inspection Granted to Insurer
Application for Property Inspection Granted to Insurer Application for Property Inspection Granted to Insurer
Flawed Duty to Defend Application Dismissed
Flawed Duty to Defend Application Dismissed Flawed Duty to Defend Application Dismissed
Promisor’s knowledge of facts is critical to proving promissory estoppel
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
Insured had no expectation of privacy in relation to participation at case conference Insured had no expectation of privacy in relation to participation at case conference
Insured has burden of proof in application to reinstate accident benefits Insured has burden of proof in application to reinstate accident benefits
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 Ontario Court of Appeal Decision Likely to Resonate in Covidian Business Loss Claims
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 Broker not allowed third party claim where coverage should be decided in separate proceeding
The tort of intrusion upon seclusion is not accidental
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 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
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
Mandatory dispute resolution process under Insurance Act is mandatory Mandatory dispute resolution process under Insurance Act is mandatory
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 Broker ordered to pay replacement cost where insured could not replace because of coverage denial
Land and soil around insured home not insured based on policy language
Land and soil around insured home not insured based on policy language Land and soil around insured home not insured based on policy language
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
“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
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
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 Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices
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
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 Don’t lose sight of the forest for the trees when considering a duty to defend
Innocent plaintiff denied coverage due to marijuana exclusion clause
Tort settlement does not change entitlement to Part 7 disability benefits Tort settlement does not change entitlement to Part 7 disability benefits
Not all bad faith results in punitive damages Not all bad faith results in punitive damages
Insurer who received notice of default judgment against insured nine years after action commenced not required to pay judgment