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Posts Categorized: coverage and duty to defend

Seeking Protection from Your Insurance Policy > Duty to Defend Evaluated

The Issue

When should an insurance company respond to protect their insured? If a company is asked to produce extensive records to the Ministry of Environment regarding land they formerly owned – which would cost millions of dollars to search and provide those records – can this company seek the protection of their insurance company for these costs? What if the company complies willingly with the MOE request? Does that make a difference as to whether they are protected by their insurance policy? Companies or individuals are sometimes the recipients of letters from third parties, such as governmental agencies, requesting that the company or individual take certain actions.

The issue which arises is whether or not the costs of complying with these request letters is compensable from an insurance policy under its “duty to defend or investigate”?… Continue Reading

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Chinese News Newspaper – Oil dump damages to home soar to $44,000

Our thanks to the Chinese News Group and Eric Emin Wood for allowing us to participate in their recent article (found online here) Oil dump damages to home soar to $44,000.

A PDF version of the article is found here.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

Chinese News Newspaper – Car, Home and Life Insurance

Our thanks to the Chinese News Group and Eric Emin Wood for allowing us to participate in their recent article (found online here) concerning a primer for their reader on some differences between car, home and life insurance.

A PDF version of the article is found here.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

Mystery Heating Oil Dumped into Residence > Insurance Claim Denied

Our thanks to the Chinese News Group and Nancy Jin for allowing us to participate in their recent article

The text of that article is re-printed here:

Should home insurance deny her claim?

 

By Nancy Jin, Reporter

To expect the unexpected, we purchased home insurance that serves to protect our property from fire or theft. However, there are certain events that nobody seems able to prepare for.

Some insurance claims could result from bizarre events that seem very unlikely to happen: A ram head butted a policyholder and knocked out one of his teeth; a homeowner was shocked to find that cows had invaded his garden and climbed into his pool; A policyholder accidentally burned several hundred dollars of cash he had left in an envelope; a chocolate fountain exploded leaving the carpet with molten brown stains.… Continue Reading

Home Buyers Take Note > Coverage for Home Builders > Duty to Defend and Insurance Policies

When buying a new home, you probably assume that if there is any terribly wrong with your new home, that you can sue the builder and that this builder will have an insurance policy to back them up.

That is, you probably do not expect that you will be chasing only the builder’s assets, which may not be substantial.

So, for example, if you purchase a new home which later shows “significant water damage caused rot, infestation and deterioration”, then when you sue, will there be an insurance policy protecting the builder and thereby responding to your lawsuit?… Continue Reading

Auto Insurance > Unique Insurance Coverage

An interesting recent article in The Lawyers Weekly by Eric Knutsen entitled, “Auto Insurance as a Social Contract.”  Mr. Knutsen begins his article as follows:

Automobile insurance in Canada is a product with a decidedly public purpose. It is a driver-funded source of compensation for motor vehicle accident victims – one of the important foundations of Canada’s social safety network.

Provincial governments are heavily involved in the regulation and operation of the automobile insurance regime in the interest of the public.… Continue Reading

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