Demitri v. General Accident Indemnity Co., 1996 CanLII 1624

In Marine Insurance on (Updated )

This is not a recent case but it is one which we have only recently become aware of. The Plaintiff was injured and his vessel was damaged when it was rammed by a vessel insured by the Defendant. The Plaintiff obtained judgement against the assured but was unable to recover from the assured and was therefore attempting to recover direct …

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Marler v. Royal Insurance Company et.al, No. C12405/93(Ont. Ct. Gen. Div.)

In Marine Insurance on (Updated )

This was an action by a vessel owner against his underwriter and insurance broker. The underwriter provided the broker with a quotation for insurance which contemplated issuance of an All Risk policy upon compliance with all survey recommendations and a re-survey. It also included a warranty: "Warranted laid-up and out of commission ". The quotation was provide to the assured …

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Catherwood Towing Ltd. v. Commercial Union Assurance Co. et.al., 1996 CanLII 2064

In Marine Insurance on (Updated )

The issue in this case was whether the tug owner’s P&I policy offered coverage in respect of loss of or damage to cargo on board a barge. The barge and cargo were owned by the same person and were being towed by the tug owner pursuant to a contract of towage at the time of the loss. The insurer denied …

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Poirier v. Laurentian Casualty Co, No. 65F, (Ont.Ct. Gen.Div.).

In Marine Insurance on (Updated )

This case concerned a claim under an insurance policy for theft of a boat and trailer allegedly left on the side of a road when the trailer tire became flat. The Court held that the assured and his witnesses were not credible and concluded the assured had failed to prove his case. In reaching its conclusion the Court took into …

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Snair v. Halifax Insurance, 1995 CanLII 4400

In Marine Insurance on (Updated )

In this matter the Plaintiff sought a declaration of coverage. The Plaintiff had earlier been found 100% liable for a very serious boating accident that rendered his former housemate a quadriplegic. The insurer denied coverage on the grounds of an exclusion in the policy excluding coverage to " any person residing in your household " . The Court held that …

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Lewis v. Canada, No. T-1028-93, (F.C.T.D.)

In Marine Insurance on (Updated )

This case concerned a total loss of a vessel due to fire. At the time of the fire the vessel was under the command of someone other than the assured. The policy, however, contained a provision that prohibited anyone other than the named insured from operating the vessel without the prior approval of the insurer in writing. The Plaintiff, assured, …

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