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April 19, 2017 – Whether or not a property is considered vacant under both residential and commercial property policies so as to be excluded from coverage has received ample consideration by the court.  Yet, many standard policy wordings, particularly in a commercial broad form, have exclusions that go beyond vacant buildings to also include premises which are “unoccupied or...

April 19, 2017 – Skunk v Ketash et al 2016 ONSC 2019 This was a motion for a summary judgment by the Defendant Jevco, to dismiss a claim by the Plaintiff, it insured. The claim arose when Jevco denied coverage to the insured, after the Plaintiff was involved in a single-vehicle accident.  The Plaintiff, Mr. Skunk, was a passenger in...

April 19, 2017 – Routh Chovaz Insurance Brokers Inc. v Aviva Insurance Co of Canada, 2016 ONSC 2567 This was a motion by Aviva Insurance Co of Canada (“Aviva”) for a summary judgment dismissing the Plaintiff’s action as Aviva argued the Plaintiff did not have a cause of action. Dow J granted the motion and dismissed the action. Routh Chovaz...

April 19, 2017 – Sabean v. Portage La Prairie Mutual insurance Co., 2017 SCC 7 Sabean was awarded $465,400 for injuries suffered in an automobile accident. However, only $382,000 was recovered from the at-fault driver’s insurer. As a result, Sabean claimed $83,400 from his own insurer, Portage La Prairie Mutual Insurance Company (“Portage”), under a rider offering supplemental protection....