Archives

August 17, 2017 – On the March 9, 2017 decision of Taylor & Lieberman v. Federal Insurance Company,[1] the Ninth Circuit Court of Appeals affirmed a decision of the U.S. District Court for the Central District of California holding that a business management firm did not have coverage in respect of client funds which it was fraudulently induced to wire...

August 17, 2017 – Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”). At issue was whether the...

July 17, 2017 – Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from Sudbury, Ontario with her two daughters to Sarnia, Ontario to live with Mr. Houghton. The...

July 17, 2017 – Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019.  The insured purchased a six month automobile insurance policy in December 2008.  Just ten days later Echelon purported to cancel the policy due to non-payment of premiums.  The notice was not valid in accordance with the Insurance Act (“Act”).  In May 2010 the insured...