MRB Insurance Law Blog

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Timely and helpful commentary on legal developments in the area of personal and commercial insurance law in Canada.

Author: Raj K. Datt is an associate at MacMillan Rooke Boeckle in Toronto.

Blawg Related Categories: Insurance Law • International • North America • Canada • Associate

Recent Posts from MRB Insurance Law Blog

“Bare Pleading” Negligence Claim Triggers Duty to Defend
Boland v. Allianz Insurance Co. of Canada, [2008] O.J. No. 3000 is an interesting insurance coverage decision recently made by the Ontario Court of Appeal. The Court found that a “bare pleading” negligence claim against…
“30 Minutes or it’s Free” Caught by Exclusion Clause
Aviva v. Pizza Pizza, [2008] O.J. No. 2625 continues the recent trend in the courts of taking a firmer approach to the interpretation of the words “ownership, use, or operation” of an automobile in liability policies. Pizza…
U.S. Supreme Court Slashes $2.5 Billion Punitive Damages Award, Adopts 1:1 Ratio
The U.S. Supreme Court just released its decision in Exxon Shipping Co. v. Baker (see http://www.supremecourtus.gov/opinions/07pdf/07-219.pdf), an appeal by Exxon in respect of a $5 billon award of punitive damages made against it by a civil jury arising…
Accident Caused by Vandal Dismissed by Court of Appeal
The Ontario Court of Appeal has released its decision in the case of Garratt v. Orillia Power Distribution Corporation on May 29, 2008 . The decision is significant as it deals with the analytical approach required in determining the…
“Derangement” In Exclusion Restricted to Internal Faults
I have previoulsy commented on Leo Deluca v. Lombard, [2008] O.J. No. 1230, an insurance coverage case arising out of the hydro blackout in 2003. In that case, the motion judge denied indemnity under an…
Pollution Exclusion Clause Applies to Some, Not All of Allegations
In Boliden Ltd. v. Liberty Mutual Insurance Co., [2008] O.J. No. 1438, Liberty issued a liability policy to Boliden, which included coverage for its directors and officers. During the coverage period, the directors and officers…
Hydro Blackout Claim Denied
Leo Deluca v. Lombard, [2008] O.J. No. 1230, is an interesting insurance coverage case arising out of the infamous hydro blackout in Aug. ‘03. The Plaintiffs commenced the claim as a class action, and sought…
Defending Non-Covered Claims
RioCan Real Estate Investment Trust v. Lombard Insurance Co., [2008] O.J. No. 1449, concerns whether an insurer has a duty to defend claims which are partly excluded under the policy. RioCan operated two malls and had been sued…
Implied Exclusion Maxim & Insurance Policies
In CUMIS General Insurance Co. v. 1319273 Ontario Ltd. (c.o.b. Done Right Roofing), [2008] O.J. No. 1268, a motorcyclist was struck by a ladder when it flew off a Done Right truck, causing injuries.…
Concurrent Exclusion Clause & Narrowing the Duty to Defend
Appin Realty Corp. v. Economical Mutual Insurance Co., [2008] O.J. No. 436, is an interesting decision by the Ontario Court of Appeal dealing with the age old issue of an insurer’s duty to defend. The…