ONCA Sides with Lessor in Coverage Dispute

ONCA Sides with Lessor in Coverage Dispute

What happens when a Certificate of Automobile Insurance specifies that the policy includes coverages under certain endorsements, when those endorsements never make it onto the policy? The Certificate and OPCF Endorsements Ontario’s standard automobile policy (OAP1)...
ONCA Sides with Lessor in Coverage Dispute

Who am I? The Case of the Named Insured and the Owner

What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? In Ontario (Minister of Finance) v. Traders General Insurance Co. (c.o.b. Aviva Traders) an individual...
ONCA Sides with Lessor in Coverage Dispute

No Void Ab Initio for Auto

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...
ONCA Sides with Lessor in Coverage Dispute

How much Risk does a Builder’s Risk Risk?

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...
ONCA Sides with Lessor in Coverage Dispute

Insured’s Coverage Claim Knocked Out

The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general liability policy.  The Claim In Southside Muay Thai Academy Corp. v. Aviva, Raul Fontalvo was the...