January 30, 2022
By Kayley Richardson In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, the Ontario Court of Appeal dismissed an insurer’s appeal of a coverage application decision, in which the application judge had held that the insurer had a duty to defend the insured. Background Mr. Hemlow had been a sole proprietor who carried […]
January 14, 2022
At our weekly firm meeting, Michael Kryworuk discussed the recent decision in R.C. and J.M. v. Western Assurance Company, 2022 ONSC 100. This matter involved a duty to defend coverage application brought by the applicants, R.C. and J.M., seeking to have the respondent insurer, Western Assurance Company, defend them in an underlying action. History of […]
January 11, 2022
Stephen Ross and Andrew Yolles have prepared a checklist on issues to consider when examining insurance coverage. We hope this checklist is helpful. Click here for the Rogers Partners Insurance Coverage Checklist.
December 30, 2021
The Ontario Court of Appeal recently upheld a decision in which a pollution exclusion in a commercial general liability policy was found to not negate the insurer’s duty to defend. In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, John Hemlow, a mechanical contractor, opened a valve to a pipe containing pressurized ammonia. The […]
October 29, 2021
At our weekly meeting, Michael Kryworuk discussed the recent decision in Northbridge General Insurance Company v. Aviva Insurance Company, 2021 ONSC 6873, which concerned an application for equitable contribution between insurers. History of the Litigation The applicant, Northbridge General Insurance Company (“Northbridge”) sought a declaration that the respondent, Aviva Insurance Company (“Aviva”), was required to […]
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 […]
