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Results: 1-10 of 36

Real estate title fraud and insurance: recent Ontario changes

  • McMillan LLP
  • -
  • Canada
  • -
  • November 16 2007

Over the past few years Ontario has been hit by a wave of fraudulent real estate transactions involving identity fraud; that is, people either forging or fraudulently conveying or mortgaging properties using the identity of the registered owner

Insurer precluded from denying coverage under "settlement" exclusion in an all-risks policy

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 27 2009

The 2008 decision of the Alberta Court of Queen's Bench in Engel Estate v. Aviva Insurance Company of Canada, 2008 ABQB 645 ("Engel Estate") is an interesting discussion of both U.S. and Canadian case law on "All Risks" property coverage

Homeowners' insurance: is the ground insured property?

  • Robinson Sheppard Shapiro
  • -
  • Canada
  • -
  • December 15 2009

On October 29, 2009, the Honorable Justice Micheline Sasseville of the Court of Quebec, in the case Valade c. Capitale (La), assurances générales inc., ordered an insurer to reimburse its insured for the cost of decontaminating the ground under the insured’s home pursuant to a homeowner’s insurance policy

Homeowners liable to contractor in construction lien proceedings but not indemnified by their property insurer for additional costs under the guaranteed replacement cost endorsement of their policy

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 10 2010

In TGA General Contracting v. Cirillo (October 15, 2009), the Ontario Superior Court of Justice gave judgment to a contractor (“TGA”) in construction lien proceedings for unpaid work and materials and concurrently dismissed the homeowners’ claim against their property insurer (“Wawanesa”) for those amounts pursuant to the guaranteed replacement cost (“GRC”) endorsement of their homeowner’s policy following fire damage to their home

Ensuring appropriate insurance coverage

  • McMillan LLP
  • -
  • Canada
  • -
  • September 20 2010

A recent case demonstrates the importance of carefully reading an insurance policy and ensuring that the insurance policy remains in force

No claim

  • Robinson Sheppard Shapiro
  • -
  • Canada
  • -
  • November 25 2008

The law of divided co-ownership (commonly known as condominium) is relatively young

Minox Equities Ltd. v. Sovereign General Insurance Co

  • Harper Grey LLP
  • -
  • Canada
  • -
  • September 30 2010

The insured owned a housing complex, for which it purchased a broad-form, all-risk policy of insurance from Sovereign-General Insuance Co. between 1993 and 2003

Commercial general liability policies, defective workmanship and the Supreme Court of Canada

  • Robinson Sheppard Shapiro
  • -
  • Canada
  • -
  • October 28 2010

The Supreme Court of Canada ordered Lombard General Insurance Company of Canada to defend its insured: Progressive Homes Ltd in a judgment rendered on Thursday, September 23, 2010

Newbigging v. M. Butler Insurance Brokers Ltd

  • Harper Grey LLP
  • -
  • Canada
  • -
  • November 23 2012

No coverage for an insured whose property was vandalized while it was vacant due to a vacancy clause

Darch Estate v. Farmers' Mutual Insurance Co.

  • Harper Grey LLP
  • -
  • Canada
  • -
  • August 25 2011

Mr. Darch suffered from mental illness and set fire to his parents' home; the insurance issue was whether the intentional act exclusion in the insurance policy applied such that the defendant insurer was not required to compensate the plaintiffs for the losses

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