The Ontario Court of Appeal has held that business interruption claims are not subject to a rolling limitation period. In Marvelous Mario’s Inc. v. St. Paul Fire, the appellant insureds commenced two actions claiming insurance coverage under a commercial...
Can the insurer, who is required to waive reliance on the priority rules and pay accident benefits, still pursue indemnification from the priority insurer? A Superior Court judge says “yes”. In Continental Casualty Company v. Chubb, the claimant was catastrophically...
Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was struck by a car...
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor? Pre-Eng v. Intact involved a coverage battle between...
Authored for and Published in CICMA March 2019 Newsletter. Your child has been invited to her best friend’s birthday party at Charlie’s Pizza Palace. You drop her off at the party. Before you can leave to enjoy the next two hours of freedom, the clerk at Charlie’s...
