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exclusions
Motorcycles, Passengers claims and Red Lights
When a passenger on a motorcycle is injured, usually in a left turn type accident, he has two possible claims: one is against the driver/operator of the motorcycle and the other is against the other driver who turned in front of the oncoming motorcycle. These types of accidents...
Motorcycles, Passenger claims and Red Lights
Daytona Bike Week is just around the corner. Here is some more timely and hopefully helpful info for passengers during bike week. When a passenger on a motorcycle is injured, usually in a left turn type accident, he has two possible claims: one is against the...
Paraplegia caused by herpes is not an accident and therefore not covered by a group insurance policy.
This was a successful appeal by an Insurer from a determination that an Insured’s paraplegia resulting from a complication of genital herpes was covered under a group insurance policy. Co-operators Life Insurance Co. v. Gibbens, [2009] S.C.J. No. 59, December 18, 2009, Supreme Court of...
A tenant exclusion endorsement is not enforceable in a Standard Mortgage Clause.
Tenant Exclusion Endorsement inconsistent with Standard Mortgage Clause and therefore unenforceable. Hum v. Grain Insurance and Guarantee Co., [2009] A.J. No. 1351, December 4, 2009, Alberta Court of Queen's Bench, R. Stevens J.The Applicants sought a Declaration of Coverage, as mortgagees, under...
Damage to a vacated rental property may not be covered by a home insurance policy.
Insureds were denied coverage on a home insurance policy for failing to advise the Insurer that their tenants had moved out and not returned the keys. Wu v. Gore Mutual Insurance Co., [2009] O.J. No. 5201, December 2, 2009, Ontario Superior Court of Justice, M.J. Nolan J.The Insureds held a...
