$600,000 life insurance ordered, even though replacement policy void.
On November 22, 2018, the Alberta Court of Queen’s Bench ordered an insurance company to pay a $600,000 death benefit to the 2 surviving children and adult partner of a deceased man, Jeffery Moss. In Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, the deceased’s daughter, Daniella Moss, brought a summary trial application seeking a declaration as to the validity of two insurance policies. She was one of the beneficiaries of the two life insurance policies on her father’s life. The deceased purchased a $600,000 life insurance policy in...
read moreIntact Insurance sued for bad faith negotiations.
On May 17, 2018, the Manitoba Court of Appeal dismissed an appeal from an insurance company’s unsuccessful application for summary judgment to dismiss a claim brought by its insured. In 3746292 Manitoba Ltd. v. Intact Insurance Co., 2018 MBCA 59, the insured was the owner of a mixed-use property in downtown Winnipeg consisting of residential apartments and commercial space. In 2010, an accidental fire caused significant damage. A dispute arose over the cost of repairs and the amount of a co-insurance penalty. The parties negotiated a settlement, and the insured...
read moreDrunk teenager injured in stolen car cannot sue garage.
On May 11, 2018, the Supreme Court of Canada ruled that a commercial car garage did not owe a duty of care to a person who was injured in a car he had stolen from the garage. In Rankin (Rankin’s Garage & Sales) v. J.J., J.J., a teenager, suffered a catastrophic brain injury in a motor vehicle collision. He sued Rankin’s Garage & Sales, among other parties, for negligence because the car that he and another teenager stole from the garage had been left unlocked with the keys in the ashtray. At trial, the jury found multiple parties were found liable for J.J.’s injuries,...
read moreManulife ordered to pay LTD to brain injured man.
On April 19, 2018, Ontario’s highest court ordered Manulife to pay long-term disability benefits to a man who suffered a traumatic brain injury and a severe back injury during a company-sponsored event on April 16, 2005. In MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA 381, the Ontario Court of Appeal (“ONCA”), reversed a trial decision and found for Lenard MacIvor. Mr. MacIvor suffered a traumatic brain injury and a significant musculoskeletal injury during a company-sponsored event in Costa Rica. Mr. MacIvor, who worked at Pitney Bowes at the...
read moreICBC punished with costs for “improper act”.
On February 20, 2018, the BC Supreme Court assessed costs against ICBC in Garayt v. Deneumoustier, 2018 BCSC 295, for failing to abide by “very clear case law”. By way of background, when a lawyer in British Columbia receives trust funds a $15 “trust administration fee” must be assessed. For a description of the fee program, click here. This is a mandatory assessment. So, when a plaintiff retains a lawyer to resolve a dispute with ICBC this fee needs to be paid. If the plaintiff is successful, ICBC ought to indemnify this fee as a...
read moreTravel insurer ordered to pay for emergency surgery.
On July 28, 2017, the Supreme Court of BC ordered an insurance company to pay for a British Columbia man’s emergency heart surgery while travelling. The court held, in Fletcher v. Royal & Sun Alliance Insurance Company of Canada, 2017 BCSC 1330, that the medical expenses Paul Fletcher incurred while outside of Canada were not excluded by the policy. The court made this finding after noting that Mr. Fletcher was advised by his treating physicians that: a) his condition was stable; b) he was safe to travel; and c) further testing could wait until after his travels....
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