Précis: The Supreme Court of British Columbia held that a portion of a marine survey report on engine failure analysis was covered by litigation privilege.
Full SummaryMidnight Marine Limited v. Aviva Insurance Company of Canada, 2019 NLSC 228
Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.
Full SummaryCanadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328
Précis: The Supreme Court of Nova Scotia held that the defendant insurer had a duty to pay the plaintiff’s reasonable defence costs to defend a claim for damages to a DFO vessel while docked at the plaintiff’s ship yard.
Full SummaryTD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5
Précis: The Ontario Court of Appeal found that two insurers, both having identical "other insurance clauses", each had to share the cost of the injured party’s claim.
Full SummaryBroadgrain Commodities Inc. v. Continental Casualty Company, 2017 ONSC 4721, 2018 ONCA 438
Précis: The Ontario Court of Appeal confirmed a judgment of the Superior Court holding that a cargo underwriter was not liable under a cargo policy for damage caused during transit when the insured/vendor had been paid in full by the buyer of the cargo.
Full SummaryC.H. Robinson Worldwide v. Northbridge Insurance, 2015 ONSC 232, 2016 ONCA 364
Précis: The Ontario Court of Appeal overturned a trial judgement holding that a misrepresentation by an insured voided the policy of insurance and was a defence to a direct action pursuant to s. 132(1) of the Insurance Act of Ontario.
Full SummaryLanglois v. Great American Insurance Company, 2015 QCCS 791
Précis: The Quebec Superior Court held that there was a right of direct action against the insurer of a ship repair yard under the provisions of the Civil Code.
Full SummaryHaryett v. Lloyd's Canada, 2015 ONSC 853
Précis: The Ontario Superior Court held that a liability insurer had no duty to defend its insured when the policy contains no such contractual obligation and no duty to indemnify when the insured was driving the vessel under the influence of alcohol and therefore illegally.
Full SummaryVerreault Navigation Inc. v. The Continental Casualty Company, 2014 QCCS 2879
Précis: The Quebec Superior Court held that a claim against underwriters for indemnity under ship repairer liability policies was governed by Canadian maritime law and not the civil law of Quebec and where the court further held that the underwriters were not liable based on a “faulty design” exclusion in the policy and a notice/reporting provision.
Full SummaryUniversal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192
In prior reasons (2012 FC 418) the plaintiff had been awarded judgment against the defendants in the amount of approximately $5 million. These reasons dealt with the outstanding issues of interest and costs. With respect to interest, the issues were: should the plaintiff be deprived of part of the interest because of delay in prosecuting the matter; from what date …
Full Summary