Nov 6, 2019 | Insurance
By: Callum Micucci, Litigation Associate An insurer’s duty of good faith is not extinguished upon the bankruptcy of the insured, the Ontario Superior Court of Justice recently confirmed in Re McEwen (2019 ONSC 5593). Facts In 2009, pedestrian Barbara Lynn Carroll was...
Nov 4, 2019 | Insurance
By: Andrae Shaw, Litigation Associate The Court of Appeal for Ontario recently held that an insurer which defended its insured for ten months, without a reservation of rights, could not rely on a policy exclusion to withdraw its defence. The litigation was at the...
May 13, 2019 | Insurance
By: Shaun Hashim, Litigation Associate The insured has a duty to cooperate with defence counsel appointed by his insurer. The Ontario Court of Appeal recently reconfirmed that this duty to cooperate is not subject to a standard of perfection. Instead, to establish a...
May 10, 2019 | Insurance
By: Christiaan Jordaan, Counsel A recent decision of the Alberta Court of Queen’s Bench demonstrates that policy holders must carefully consider the interplay between an insurance policy and its endorsements. In Wage v Canadian Direct Insurance Incorporated, 2019 ABQB...
Apr 18, 2019 | Insurance
By: Victoria Yang, Litigation Associate An Ontario court recently found that the injuries sustained by a pedestrian when eggs were thrown at her from a vehicle arose “directly or indirectly from the use or operation of an automobile”. The court determined that the act...
Mar 27, 2019 | Insurance
By: Victoria Yang, Litigation Associate & Shaun A. Hashim, Litigation Associate An Ontario court recently found that a personal injury claim, by a daughter against her mother, was covered by homeowner’s insurance. The two lived together and the policy contained an...
