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 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 SummaryPeracomo Inc. v. Telus Communications, 2012 FCA 199, 2014 SCC 29
Précis: The Supreme Court of Canada overturned a decision of the Federal Court of Appeal in which a vessel operator was held to be disentitled to the benefit of limitation of liability. The Supreme Court of Canada held that limitation of liability was available to the operator who had intentionally cut a submarine cable. However, the operator’s conduct did constitute “wilful misconduct” within the meaning of the Marine Insurance Act and, as a consequence, the loss was excluded from the insurance coverage.
Full SummarySecunda Marine Services Ltd. v. Liberty Mutual Insurance Co., 2006 NSCA 82
The Plaintiff’s vessel lost its propeller when its tail shaft broke while towing a barge. The cost of salvage and repairs was approximately $700,000. The vessel was insured at the material times by the Defendant pursuant to a policy that incorporated the Institute Time Clauses (Hulls) amended to include a Liner Negligence clause in place of the standard Inchmaree clause. …
Full SummaryNelson Marketing International Inc. v. Royal & Sun Alliance Insurance Company of Canada, 2006 BCCA 327
This matter concerned damage to three separate shipments of laminated wood flooring carried on three different vessels from Singapore to Long Beach. Upon arrival all three shipments were found to be damaged by moisture. The major issue in the case was whether the damage was due to a fortuity, and therefore covered by the all risks cargo policy, or whether …
Full SummarySolway v. Lloyd's Underwriters, 2005 ONSC 10650
In this matter the Plaintiffs arranged for a motor carrier to move and store their personal belongings. The truck was stolen and the Plaintiffs’ belongings were never recovered. The Plaintiffs obtained a judgment against the carrier which was not satisfied. The Plaintiffs then commenced this direct action against the carrier’s primary and excess liability underwriters. Both underwriters agreed that the …
Full SummaryContinental Insurance Co. v. Almassa International Inc., 2003 CanLII 45611
This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …
Full SummaryRoyal & Sun Alliance v. The "Renegade III", 2001 FCT 1050
This was an application for a stay of proceedings. The applicant was the owner of the Defendant yacht which had been damaged during the 2000 Victoria-Maui race. The applicant made a claim under his insurance policy for approximately $122,000 which was paid except for the sum of approximately $12,000. Subsequent to the payment the underwriters learned of circumstances which might …
Full SummaryPorto Seguro Companhia De Seguros Gerais v. The "Federal Danube" et al., 2001 CanLII 22115 (FC)
This was the re-trial of an action that had been previously dismissed by the Federal Court Trial Division in a judgment reported at [1995] 82 F.T.R. 127. That judgment was ultimately overturned by the Supreme Court of Canada and a new trial ordered on the grounds that the Trial Judge erred in refusing to hear three expert witnesses because assessors …
Full SummaryLockwood v. Moreira, No. C21444 (Ont. C.A.)
In this matter the insured’s pleasure craft was broken into by vandals who used citronella candles in the interior of the vessel. As a consequence, a thick sooty substance covered the interior of the vessel. The assured made a claim under the insurance policy and the insurers responded by having the interior of the vessel cleaned. The assured was not …
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