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...

When is Your Mom Your Landlord?

Mar 25, 2019 | Coverage

The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...

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...

The Duty to Defend: Pleadings, Pleadings, Pleadings!

Aug 1, 2018 | Coverage

An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation.   The applicant was National Gallery of Canada (“National Gallery”) and the respondents Lafleur de la Capitale (“Lafleur”) and...

Dude, Where’s My Cargo?

Jul 9, 2018 | Coverage

The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when alleging...