No Void Ab Initio for Auto

Apr 25, 2019 | Coverage

Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was struck by a car...

How much Risk does a Builder’s Risk Risk?

Apr 10, 2019 | Coverage, Risk

When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor?  Pre-Eng v. Intact involved a coverage battle between...

Sign Here, or Your Child will Hate You

Feb 1, 2019 | Occupiers’ Liability, Tort

Authored for and Published in CICMA March 2019 Newsletter. Your child has been invited to her best friend’s birthday party at Charlie’s Pizza Palace. You drop her off at the party. Before you can leave to enjoy the next two hours of freedom, the clerk at Charlie’s...

When is a House a Household?

Jan 28, 2019 | Coverage

What does “living in the same household” mean? In Ferro v. Weiner, the late Enid Weiner owned a house on Lake Eugenia. From the late 1980s or early 1990s, it was Enid’s sole residence, before she moved to a nursing home in 2008 or 2009. Although she never resumed...

Who am I? The Case of the Named Insured and the Owner

Jun 25, 2018 | Coverage

What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? In Ontario (Minister of Finance) v. Traders General Insurance Co. (c.o.b. Aviva Traders) an individual...

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