exclusions

Mould damage caused indirectly by rain seepage may not be covered by an all risk policy

August 25, 2010 17:47

The Court granted an insurer’s appeal from a judgment finding that it was liable to its insured under the terms of a broad-form, all-risk policy of insurance, to cover the costs of mould remediation and prevention to an apartment complex owned by the insured. Minox Equities Ltd. v. Sovereign...

Vacancy Exclusions Are Effecting More Claims In Today's Economy

August 21, 2010 15:31

In today’s down economy, more and more homes, condominiums, and buildings are becoming vacant each day. Recently, many national news sources picked up a story out of Ft. Meyers, where one family was the sole resident of a 32-story condominium building. While the family undoubtedly enjoyed...

There is likely no duty to defend an insured who is sued for a civil assault

August 20, 2010 22:43

An appeal from a judgment declaring that an insurance company had a duty to defend its insured for civil assault and battery.  The appeal was allowed.  The Court of Appeal concluded that there was no duty to defend the respondent. Meadows v. Meloche Monnex Insurance Brokers Inc., June 2,...

An insured can recover damages from their insurance broker if the broker does not advise of changes to the insured's insurance status following a move out of the family home.

August 10, 2010 18:17

An insurance broker was found liable for failing to advise insured of change in her insurance needs following her moving out from the family home. Beck Estate v. Johnston, Meier Insurance Agencies Ltd., [2010] B.C.J. No. 972, May 21, 2010, British Columbia Supreme Court, S.A. Griffin J. (In...

A car stolen from a parking lot may not be entitled to insurance coverage under a storage policy

August 02, 2010 21:11

Action for damages for breach of an insurance policy dismissed. The insured vehicle was parked in a Kal Tire parking lot when it was stolen. The insurance policy did not cover losses for stored vehicles when they are parked on a "highway". The Kal Tire parking lot was found to be a...