Land and soil around insured home not insured based on policy language
Court of Appeal overturned finding that a water damage extension extended the definition of insured property to include the land and soil in the insured’s backyard. Insurance law – Homeowner’s...
View ArticleBroker ordered to pay replacement cost where insured could not replace...
Court of Appeal awarded damages equivalent to replacement cost of a dwelling where insureds showed they would have replaced the dwelling had they had effective coverage. Insurance law – Property...
View ArticleBroker not allowed third party claim where coverage should be decided in...
An insurance broker was denied leave to file a third party claim in relation to the plaintiff’s property damage because the third party claim against the broker was related to insurance coverage and...
View ArticleLife insurance policy declared valid and payable to plaintiff beneficiary due...
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio Costanza...
View ArticleInsured entitled to indemnification by insurer due to Court interpreting...
Insurance law – Property insurance – Interpretation of policy – Ambiguity – Exclusions – Contra proferentum rule – Insured – Rights and duties of insured 2102908 Alberta Ltd. v. Intact Insurance Co.,...
View ArticlePolicy exclusion for intentional or criminal act applies even when insured...
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer Butterfield v. Intact Insurance Co., [2022] O.J. No. 3143, 2022 ONSC 4060,...
View ArticleOntario Court of Appeal upholds decision that insurer did not establish, on a...
Insurance law – Life insurance – Misrepresentation in obtaining insurance – Fraud – Criminal offences – Duties and liabilities of insured – Policies and insurance contracts – void Ab Initio – Practice...
View ArticleSaskatchewan Court of Appeal finds lower court appropriately dismissed action...
Insurers properly denied coverage because the insured died as a result of committing the crime of possession of the cocaine that he consumed. Insurance law — Life insurance — Criminal offences —...
View ArticleCompliance costs excluded under residential homeowners policy
Ontario Court of Appeal allows appeal and finds costs incurred to comply with “any law” in repair or replacement of dwelling were excluded from recovery under policy. Insurance law – Homeowner’s...
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