A financially independent disabled adult may still be a member of her parent’s household. Written on March 20, 2010, by admin.
A 42 year old woman with physical and mental impairments who lived with her mother was found to be principally dependent on her mother and therefore entitled to a death benefit following her mother’s death, even though the woman contributed her disability benefit to the household income.
Kilcollins Estate v. Wawanesa Mutual Insurance Co., [2009] N.B.J. [...]
A financially independent disabled adult may still be a member of her parent’s household. Written on March 20, 2010, by admin.
A 42 year old woman with physical and mental impairments who lived with her mother was found to be principally dependent on her mother and therefore entitled to a death benefit following her mother’s death, even though the woman contributed her disability benefit to the household income.
Kilcollins Estate v. Wawanesa Mutual Insurance Co., [2009] N.B.J. [...]
An insurance contract providing coverage for vicarious liability of an employer does not provide coverage for claims alledging negligence against the employer. Written on March 19, 2010, by admin.
The appeal of a decision finding that an Insurer was not obligated to defend or indemnify the Insured for claims arising from the Insured’s own negligence was dismissed. A contractor was required under the contract to purchase the insurance protection for the Insured in relation to the work done under the contract, but coverage under the [...]
Water damage arsising from a negligently designed drainage system may not be covered by under a property damage clause. Written on March 19, 2010, by admin.
An appeal was allowed from a declaration obliging an Insurer to indemnify the Insured for the cost of replacing a system that was damaged as a result of faulty design or installation of the system itself.
Ottawa-Carleton Standard Condominium Corp. No. 687 v. ING Novex Insurance Co. of Canada, [2009] O.J. No. 5467, December 21, 2009, [...]
Nova Scotai’s cap on non-monetary damages arising from motor vehicle accidents was upheld by Court of Appeal Written on February 12, 2010, by admin.
These were two unsuccessful appeals which were heard together of a decision dismissing a challenge to the statutory and regulatory cap on damages for minor injuries arising from motor vehicle accidents.
Hartling v. Nova Scotia (Attorney General), [2009] N.S.J. No. 599, December 15, 2009, Nova Scotia Court of Appeal, M. MacDonald C.J.N.S., M.J. Hamilton and D.R. [...]
Paraplegia caused by herpes is not an accident and therefore not covered by a group insurance policy. Written on February 9, 2010, by admin.
This was a successful appeal by an Insurer from a determination that an Insured’s paraplegia resulting from a complication of genital herpes was covered under a group insurance policy.
Co-operators Life Insurance Co. v. Gibbens, [2009] S.C.J. No. 59, December 18, 2009, Supreme Court of Canada, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein [...]
Contingencies must be applied to a deduction of future entitlement to insurance benefits. Written on February 5, 2010, by admin.
The Defendant sought and was awarded a deduction from a cost of future care award pursuant to 83(5) of the Insurance (Vehicle) Act.
Sauer v. Scales, [2009] B.C.J. No. 2490, December 11, 2009, British Columbia Supreme Court, B.I. Cohen J.
The Plaintiff stated that ICBC had initially paid some chiropractic and physiotherapy expenses under Part 7 of [...]
A tenant exclusion endorsement is not enforceable in a Standard Mortgage Clause. Written on February 3, 2010, by admin.
Tenant Exclusion Endorsement inconsistent with Standard Mortgage Clause and therefore unenforceable.
Hum v. Grain Insurance and Guarantee Co., [2009] A.J. No. 1351, December 4, 2009, Alberta Court of Queen’s Bench, R. Stevens J.
The Applicants sought a Declaration of Coverage, as mortgagees, under the Standard Mortgage Clause in a fire insurance policy. The policy was issued by the [...]
An insurer’s right to subrogate under a standard mortgage clause requires that the insurer has no liability to the mortgagor. Written on February 2, 2010, by admin.
Insurer’s right to subrograte under Standard Mortgage Clause requires fulfillment of two preconditions, (1) the insurer must make payment of the loss award, or part of it, to the mortgagee; and (2) the insurer must establish a claim that it has no liability to the mortgagor.
Pinder v. Farmers’ Mutual Insurance Co. (Lindsay), [2009] O.J. No. 4964, [...]
Damage to a vacated rental property may not be covered by a home insurance policy. Written on January 30, 2010, by admin.
Insureds were denied coverage on a home insurance policy for failing to advise the Insurer that their tenants had moved out and not returned the keys.
Wu v. Gore Mutual Insurance Co., [2009] O.J. No. 5201, December 2, 2009, Ontario Superior Court of Justice, M.J. Nolan J.
The Insureds held a policy of insurance on a home they [...]