Insurance Coverage – Rogers Partners LLP

Supreme Court Clarifies Interplay Between Coverage Extending Endorsements and Policy Exclusions in Homeowners Policies

rpllpadmin — Wed, 18 Feb 2026 21:15:18 +0000

By Aliyyah Khan When disaster strikes, homeowners expect their insurance policies to provide a safety net. But what happens when rebuilding a house means facing not just the cost of construction, but also the price tag of complying with additional conservation regulations? The Supreme Court of Canada’s recent decision in Emond v. Trillium Mutual Insurance […]

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Long-tail claims over multiple policy periods? Look to Loblaws

rpllpadmin — Wed, 05 Nov 2025 23:29:58 +0000

By Megan Chan In the recent Ontario Superior Court decision in His Majesty the King in Right of Ontario v. Royal & Sun Alliance Insurance Company of Canada et al., 2025 ONSC 5670, the Court confirmed that the proper method of allocation of defence costs as between insurers who insured the same party for consecutive […]

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Driving With An Expired Driver’s Licence: You May Still Be Covered

rpllpadmin — Wed, 24 Sep 2025 23:02:16 +0000

By Farid Mahdi In Ontario, if a driver is involved in a car accident while driving without a valid driver’s licence, the driver may be denied insurance coverage making them personally responsible for any damages and injuries to others involved. In Urban Lennox Gibbs v. Security National Insurance Company et al.,[1] the court was faced with […]

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Pipped by the PLUP – The Importance of Considering Ontario’s Automobile Insurance Scheme in Insurance Priority Disputes

rpllpadmin — Wed, 17 Sep 2025 22:23:39 +0000

By Cameron Allan OVERVIEW In its recent decision in Rodriguez-Vergara v. Lamoureux, 2025 ONCA 620, the Ontario Court of Appeal clarified the priority of coverage between the OPCF 44R Family Protection endorsement and a personal umbrella liability policy (PLUP). Ultimately, the Court found that automobile insurance policies, including the OPCF 44R endorsement, will take priority […]

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Insurer’s Liability: E&O Fraud Endorsement Does Not Extend to Trust Deposits

rpllpadmin — Thu, 14 Aug 2025 12:58:57 +0000

By Shane Marston In 2069586 Ontario Inc. v. Sovereign General Insurance Company, 2025 ONSC 4468, the Ontario Superior Court of Justice granted reverse summary judgment in favour of the defendant Sovereign General Insurance Company (“Sovereign”), dismissing the action against them. Justice McCarthy concluded that the plaintiffs had no right to recover under the Sovereign Errors […]

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The Intentional or Criminal Acts Exclusion Applies Despite a Finding of Not Criminally Responsible

rpllpadmin — Wed, 09 Jul 2025 21:43:11 +0000

By Megan Chan Aviva Insurance v. Haan[1], is another decision that insurers can rely on to support a position that there is no duty to defend a claim for property damage arising out of intentional acts on the part of the insured. In situations where an insured is found not criminally responsible for the related […]

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Pro Rata Sharing of Policy Funds in Legal Expense Insurance Policies

rpllpadmin — Wed, 19 Mar 2025 22:41:22 +0000

By Megan Chan In Spencer et al. v. Omega Insurance Company et al., 2025 ONSC 1022, the Court interpreted a Legal Expense Insurance policy in an application by the defendants in an underlying lawsuit for indemnification for their legal costs awarded to them in that lawsuit. This decision reiterated the general principles of and correct […]

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When Does a Denial of an Insurance Claim Merit Punitive Damages?

rpllpadmin — Thu, 12 Dec 2024 00:21:19 +0000

By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance to the respondents, Mr. Truong and […]

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Can an Exclusion Clause Always Remove an Insurer’s Duty to Defend?

rpllpadmin — Thu, 28 Nov 2024 13:54:30 +0000

In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the City of Thunder Bay (the “City”) […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 11 Oct 2024 12:46:00 +0000

At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal, Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730. FACTS This case involved an appeal from Bay of Quinte Mutual Insurance Co. (“BQMI”) regarding a judgment awarded to the estate of Mr. Dennis Lynch (“Lynch”) after a […]

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