By: David Yun, Associate Introduction: In Honeywell International Inc. v XL Insurance Company Ltd.[1], the British Columbia Court of Appeal ( “BCCA”) overturned an application judge’s decision. The BCCA found in favour of an appellant manufacturer seeking a defence...
By: Faiza Tariq, Associate Introduction In a recent decision[1], the British Columbia Court of Appeal (“BCCA”) interpreted a clause that excluded loss or damage caused directly or indirectly by “subsidence”. The court upheld the trial judge’s finding that the clause...
By: David Yun, Associate Introduction: In Truong v Jeweler’s Mutual Insurance Company[1], the Court of Appeal for Ontario (ONCA) upheld a trial judge’s decision, finding no reversible error in the judge’s decision that the insurer’s conduct amounted to bad faith and...
By: Faiza Tariq, Associate Introduction In a recent decision[1], the Ontario Court of Appeal (“ONCA”) had to determine whether the trial judge erred in finding that an insurer underpaid its insured for damaged personal property. The ONCA dismissed the insurer’s...
By: David Yun, Associate Introduction: In a recent decision[1], the Ontario Superior Court of Justice (ONSC) considered the applicability of a prior acts exclusion within a directors and officers liability insurance policy for a claim brought against a company that...
By: David Yun, Associate Introduction: In a recent decision[1], the Newfoundland and Labrador Supreme Court (NLSC) refused to compel the insured to engage in an appraisal of a loss under a property insurance policy. Due in large part to an apparent policy drafting...
