Posts Tagged: coverage and duty to defend
As reported in the Ontario Reports, the 2009 Superior Court of Justice case of Glassford v. TD Home and Auto Insurance Co. (2009), 94 O.R. (3d) 630 (S.C.) deals with the duty to defend and the role of a homeowner’s insurance policy when you are sued in a lawsuit.
What happens if you get into a physical fight with your neighbour? And your neighbour sues you for hurting him in that fight?
If you have homeowner’s insurance, then your insurance company may have a duty to defend you in that lawsuit – i.e.… Continue Reading
A rather frequent issue is whether an insurance policy will apply to a lawsuit brought against the insured. That is, insurance premiums were paid at some point in time and now a lawsuit is brought against the insured and the question often is whether the insurance policy is required to “defend” the insured and/or provide “coverage” to the insured.
If the insurance company limits the scope of the policy’s response to the lawsuit, then the insured may choose to go to Court to determine how involved the insurance policy must become in relation to the outstanding lawsuit.… Continue Reading
What happens if you get into a physical altercation with another person and then that person sues you as a result?
Will your homeowner’s insurance defend you in that lawsuit?
Will your homeowner’s insurance pay any damages awarded against you in that lawsuit?
In Graham v. Coakley (2008 Ontario Superior Court), a 40 year old martial arts instructor (Coakley) physically scuffled with a 19 year old male (Graham) at a shopping mall. Coakley allegedly threw Graham through a door and then onto the ground, using a martial arts body throw in the process. … Continue Reading
Case Comment – Russo v. John Doe (2009 Ontario Court of Appeal) affirming Russo v. John Doe (2008 Ontario Superior Court)
Every personal injury lawsuit seeks out an insurance policy which covers the defendant(s) to the lawsuit. As a result, there have been many cases which seek clarification of whether their specific circumstance fits under the wording of a motor vehicle’s insurance policy, including whether the accident arose out of “use and operation” of a motor vehicle.
In this sad and widely reported situation on April 24, 2004, Ms.… Continue Reading
Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)
Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage. The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading
Case Comment – Economical Insurance Group v. Fleming (2009 Ontario Court of Appeal)
The 12 year old friend of your child is seriously hurt while visiting your cottage. You tell your insurance company. A lawsuit is started and your insurance company agrees to respond to the claim. Then your insurer refuses to defend you. Now what?
In Economical Insurance Group v. Fleming (2008 Ontario Superior Court of Justice), the owners of the cottage brought a court motion against their insurance company, seeking protection of their insurance policy. … Continue Reading
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