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  • Insurers liable for breach of contract based on release

    Kelly Santini LLP, Ontario, February 12, 2018 – The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 – This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) up until settlement but, when residual issues resulted in a further court action (“the second...
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  • Insurer is not bound to advise of limitation perio

    Kelly Santini LLP, Ontario, February 12, 2018 – Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim was time-barred. Read More
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  • Court finds denial letter met clear and unequivocal standard

    Kelly Santini LLP, Ontario, February 12, 2018 – Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the respondent upon being informed. Read More  ...
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  • NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency “Deemed Trust” Provisions

    Cox & Palmer, Newfoundland & Labrador, February 12, 2018 – Travelers Canada v. Elite Builders Inc., 2017 NLTD(G) 214 – This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”).  The Property was insured by Travelers Canada (“Travelers”). Read More
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