By: Christiaan A. Jordaan, Partner The Ontario Court of Appeal has ruled in Truscott v Co-operators General Insurance Company, 2023 ONCA 267, that the appraisal process under Ontario’s Insurance Act may be iterative. Where the parties limit the appraisal, the award...
By: Nabil Mahmood, Litigation Associate Introduction In Gill v The Wawanesa Mutual Insurance Company,[1] the British Columbia Court of Appeal was tasked with determining what parts of a home are “within the dwelling” when interpreting coverage provisions in a...
By: Dylan J. Cox, Partner Introduction In 4268113 Canada Ltd. v. King et al.,[1] a Manitoba judge found an insurance brokerage and two employees liable in negligence for failing to obtain replacement cost insurance on an apartment building, as requested by the...
By: Faiza Tariq, Associate Introduction Abbas v Esurance Insurance Company of Canada[1] establishes a bright-line rule under section 554(1) of the Alberta Insurance Act (the “Act”). The Alberta Court of Appeal found that to deter insureds from making willfully false...
By: Dylan J. Cox, Partner Introduction In Sir Corp v. Aviva,[1] an Ontario judge dismissed an application by a restaurateur for a declaration of coverage for business interruption losses. The losses resulted from orders made in March 2020, following the outbreak of...
By: Nabil Mahmood, Litigation Associate Introduction In AIG Insurance Company of Canada v. Lloyd’s Underwriters,[1] the Court of Appeal for Ontario (ONCA) considered to what extent extrinsic evidence could inform a duty to defend analysis. The Court rejected the...
