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 [...]
A misrepresentation about medical history may void a disablity insurance policy. Even if the misrepresentation is not related to the disabling condition. Written on January 28, 2010, by admin.
Insured’s appeal of a finding that his long-term disability policy was void for material misrepresentation was dismissed.
Fernandes v. RBC Life Insurance Co., [2009] O.J. No. 5240, December 8, 2009, Ontario Court of Appeal, E.A. Cronk, S.E. Lang and R.G. Juriansz JJ.A.
The Plaintiff Insured appealed the dismissal of his action against the Defendant Insurer. The Insured held [...]
A restaurant that allows an intoxicated patron to leave with sober companions may not be liable for over-serving the patron. Written on January 13, 2010, by admin.
A restaurant joined as a third party by the Defendant insurance company sought a summary judgment under Rule 22 of the New Brunswick Rules of Court. Granting the motion the judge held that based on the evidence the restaurent had fulfilled the requirements placed on a commercial host under the circumstances and did not see [...]
An out of province insurer may not be entitled to conduct money to compensate a represenative for attending at an Examination for Discovery. Written on January 9, 2010, by admin.
The insured Plaintiff brought a motion that he not be required to pay attendance money in order to conduct an oral examination for discovery of a knowledgeable person produced by the Defendant. The Defendant insurance company argued unsuccessfully that it did not reside in Manitoba and its designated knowledgeable person was in Vancouver.
MacAngus v. Royal and Sunalliance [...]
A broker may be negligent if he or she does not fully explain the limitations of an insurance policy. Written on January 8, 2010, by admin.
The insureds’ action against its insurance broker for breach of its duty of care was allowed. The broker did not fully explain to the insured the limitations of the policy that they had purchased.
Sampson v. AA Munro Insurance, [2009] N.S.J. No. 493, September 14, 2009, Nova Scotia Small Claims Court, Adjudicator E.K. Slone
The insureds purchased [...]