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...
By: David Yun, Associate Introduction: In Peters v Great-West Life Assurance Company, 2024 NSCA 21, the Nova Scotia Court of Appeal (NSCA) held against the insured on an application brought to settle the pre-judgment interest amount for a claim arising from the death...
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...
