September 24, 2021
At our weekly meeting, Pip Swartz discussed the recent decision in Verhoef v. Intact Insurance Company, 2021 ONSC 4310. This case concerned a motion for summary judgement dismissing an action for unidentified motorist coverage. Facts The plaintiff, Brandin Verhoef, brought an action against the defendant, Intact, for damages arising from a motor vehicle collision he […]
September 08, 2021
By Natalia Sheikh The recent Court of Appeal decision in MDS Inc. v Factory Mutual Insurance Company discusses the interpretation of standard form insurance contracts and coverage in all-risk policies.[1] Background In MDS, the insurer appellant, Factory Mutual Insurance Company (“FM Global”), issued an all-risk insurance policy (“the Policy”) to MDS Inc., a global health […]
June 22, 2021
In Tataryn v. AXA Insurance Canada, 2021 ONCA 413, the plaintiff commenced renovations to the second and third floor of her property while she lived on the first floor. Following the commencement of the renovations, there were two incidents of water damage. The plaintiff sought coverage under her homeowner’s insurance policy. The plaintiff’s insurer made some payments […]
June 04, 2021
At our weekly meeting, Athina Ionita discussed the Superior Court’s decision in Gagnon v. Sivasamboo, 2021 ONSC 3853. In this decision, the Court considered whether a plaintiff may maintain an action against a defendant’s insurer for declaratory relief respecting the applicability of a defendant’s insurance policy in the context of motor vehicle accident litigation. Background […]
May 26, 2021
By Emily Vereshchak In Moore Equipment Ltd. v. Temple Insurance Company, 2021 ONSC 3622, the Court examined an endorsement in a comprehensive general liability insurance policy to determine whether the Applicant was entitled to coverage under the policy as an “Unnamed Insured”. Overview The Applicant, Moore Equipment Ltd. (“Moore”), brought an application seeking a declaration […]
September 30, 2020
David Rogers’ article, “COVID-19: The Ultimate Business Interrupter”, was published in The Pulse, a magazine of the Ontario Risk and Insurance Management Society. David’s article starts at page 15 of the magazine.