Insurance law – Group insurance – Long term disability benefits – Limitation of actions – Practice – Appeals – Summary judgments Clarke v. Sun Life Assurance Co. of Canada, [2020] O.J. No. 71, 2020 ONCA 11, Ontario Court of Appeal, January 8, 2020, D.M. Brown, G. Huscroft and G.T. Trotter JJ.A. The insured made a claim for long-term disability benefits due to health problems in 2011. The insurer offered disability benefits by reference to two periods of time. The first period, which covered the plan’s elimination period and the following 24 months, treated an insured as “totally disabled” who ..read more

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 a reserve fund study, completed November 11, 2013, for a condominium corporation (“DCC”) regarding the remaining lifespan of lampposts on DCC’s property. The insurer provided coverage for four years under a claims-made policy from March 2010 ..read more

Insurance law – Accident and sickness insurance – Priority coverage – Interpretation of policy – Entitlement to benefits – Practice – Appeals – Standard of review Liberty Mutual Insurance v. Intact Insurance, [2019] N.J. No. 392, 2019 NLCA 76, Newfoundland and Labrador Court of Appeal, December 20, 2019, B.G. Welsh, L.R. Hoegg and W.H. Goodridge JJ.A. The Newfoundland and Labrador Court of Appeal was asked to determine which insurer was liable in the first instance for payment of accident insurance benefits to the insured. The insured lost his legs when he was crushed between two vehicles. On ..read more

Insurance law – Fire insurance – Extension – Interpretation of policy Be In Christ Church of Canada (c.o.b. Welland Brethren in Christ Church) v. Intact Insurance Co., [2019] O.J. No. 6485, 2019 ONSC 7412, Ontario Superior Court of Justice, December 20, 2019, D.L. Edwards J. A dispute arose following a fire loss. The insurer obtained three quotes to complete the repairs and proposed to pay the insured the lowest estimate. The insured was concerned it lacked the expertise to critique the proposed scope of work and sought to retain a professional to assist. The insured had procured a coverage e ..read more

Insurance law – Life insurance – Misrepresentation by insurer – Practice – Summary judgments Kulp Estate v. Cumis Life Insurance, [2019] O.J. No. 6541, 2019 ONSC 7495, Ontario Superior Court of Justice, December 23, 2019, W.U. Tausendfreund J. The insurer brought a summary judgment motion to dismiss the insured’s claims on the basis that there was no genuine issue requiring a trial. The insurer took the position that the single issue in the action was whether the insurer was entitled to rescind or void a life insurance policy issued to the deceased on the basis that he failed to disclose, or ..read more

Insurance law – Accident and sickness insurance – Priority coverage – Arbitration – Enforcement of award – Insurer – Rights, duties and liabilities Pembridge Insurance Co. v. Sovereign General Insurance Co., [2019] O.J. No. 6590, 2019 ONSC 7291, Ontario Superior Court of Justice, December 16, 2019, J. Kimmel J. Pembridge appealed from the award of an arbitrator pursuant to which Pembridge was found to be the insurer responsible to pay statutory accident benefits to an insured as a result of having agreed to take over the priority for her claims. Pembridge asserted it was entitled to dispute i ..read more

Insurance law – Commercial general liability insurance – Terms of policy – Breach of policy – Relief against forfeiture – Limitation of actions – Insurer – Rights, duties and liabilities SVIA Homes Ltd. v. Northbridge General Insurance Corp., [2019] O.J. No. 6514, 2019 ONSC 7459, Ontario Superior Court of Justice, December 18, 2019, W.S. Chalmers J. The plaintiff/applicant was the owner and developer of a nine-townhouse subdivision project. The insured/defendant was retained to supply and install the sewer system at the project. Following completion, it was determined that the sewers were not ..read more

A home owner was not covered by her homeowner’s insurance policy for a claim for damages arising from her daughter’s personal injuries after a fall at the home. Insurance law – Homeowner’s insurance – Members of a household – Residence employee – Tenant – Exclusions – Interpretation of policy – Practice – Appeals Traders General Insurance Co. v. Gibson, [2019] O.J. No. 6312, 2019 ONCA 985, Ontario Court of Appeal, December 13, 2019, K.M. van Rensburg, D. Paciocco and J.A. Thorburn JJ.A. The insured purchased a homeowner’s insurance policy issued by Traders General Insurance Company. The insur ..read more

A rental car insurer was the first loss insurer despite the rental car driver being a listed driver, but not a named insured, under a separate standard Ontario Automobile Policy for two other vehicles. Insurance law – Automobile insurance – First party insured – Named insured, definition – Lessors and lesses – Third parties – Statutory provisions – Duty to defend – Practice – Appeals Ontario Corp. No. 1009329 (c.o.b. Enterprise Rent-A-Car) v. Intact Insurance Co., [2019] O.J. No. 5851, 2019 ONCA 916, Ontario Court of Appeal, November 21, 2019, P.S. Rouleau, G. Huscroft and I.V.B. Nordheimer J ..read more

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