Category Archives: Fire Insurance

Developments in the law of fire insurance.

C.A. Upholds Contractual Incorporation of One-Year Limitation Period Into Property Insurance Policy

In Boyce v. The Co-operators General Insurance Company, 2013 ONCA 298, the Court of Appeal has reversed the decision of Mr. Justice Michael Quigley, a ruling that I discussed in a comment last year. The Court of Appeal held that Justice Quigley had … Continue reading

Posted in Fire Insurance, Insurance News, Limitation Periods | Leave a comment

Judge Finds that Insurer Can’t Incorporate Statutory Conditions’ One-Year Limitation Period Into Policy as Contractual Term

Mr. Justice Michael Quigley has handed down a rather significant ruling in which he dealt with the recurring issue of the limitation period that applies to property insurance policies. His decision represents, in my view, a marked departure from the … Continue reading

Posted in Fire Insurance, Insurance News, Limitation Periods | 16 Comments

Broker Liable to Property Owner for Insurer’s Denial of Coverage Based on Vacancy Exclusion

In Newbigging et al. v. M. Butler Insurance Brokers Ltd.et al., 2012 ONSC 5174 (CanLII), Superior Court Justice Theresa Maddalena dismissed an appeal from a decision of a Small Claims Court judge who had awarded damages against an insurance broker. At … Continue reading

Posted in Fire Insurance, Insurance News | 1 Comment

Subrogation by Landlord’s Insurer Permitted Despite Tenant’s Rent Being Applied to Landlord’s Insurance Premiums

1044589 Ontario Inc. (Nantucket Business Centre) dealt with the frequently-litigated issue of the right of a landlord’s insurer to advance a subrogated claim against a tenant. Here, Madam Justice Ruth E. Mesbur held that the landlord’s insurer was entitled to … Continue reading

Posted in Fire Insurance, Insurance News, Subrogation | Leave a comment

Insurer Hit with $500,000 Punitive Damages Award in Fire Case

It was a good day for Barry Percival, who had cast aside the defence hat that he usually wears and was acting for the plaintiff. In Sagl v. Cosburn, Griffiths & Brandham et al., an action by a policyholder against … Continue reading

Posted in Fire Insurance, Insurance News | 2 Comments

Corporate Insured Permitted to Claim Damages for Mental Distress on Behalf of Its Officers in Fire Insurance Claim

In 539091 Ontario Ltd. v. Allianz Insurance, Madam Justice Helen Pierce was dealing with various proposed amendments to the statement of claim in a fire insurance case. The motion raised several interesting issues but of particular note was the request of … Continue reading

Posted in Fire Insurance, Insurance News, Practice and Procedure | Leave a comment

C.A. Upholds Punitive Damages Award in Fire Insurance Case, but Reduces Aggravated Damages

 The Court of Appeal today released its decision in Plester v. Wawanesa Mutual Insurance Company, a lawsuit that involved a disputed claim on a policy of fire insurance. Two of the insureds (a married couple) owned a furniture store and … Continue reading

Posted in Fire Insurance, Insurance News, Uninsured or Underinsured | Leave a comment

General Accident v. Chrusz Finally Goes to Trial

Back in 1999, the Ontario Court of Appeal handed down its ruling in the case of General Accident Assurance Company et al. v. Chrusz et al. The decision became one of the leading cases in Ontario on the meaning of … Continue reading

Posted in Damages, Fire Insurance, Insurance News | 1 Comment

Proof of Delivery of Insurance Policy a Prerequisite to Enforcing Exclusion?

Today’s decision in Hazan v. ING Insurance Company of Canada considers (but does not decide) an interesting issue in Ontario insurance law: must an insurer prove that it has delivered a copy of the insurance policy to the insured before … Continue reading

Posted in Fire Insurance, Insurance News | Leave a comment

When is a Car not a Car?

The case of Meadowview Heights Ltd. v. Revivo raises some issues reminiscent of our undergraduate philosophy course in “Personal Identity”. But on a more prosaic level, the case is a useful interpreation of the exclusion, found in both homeowner’s and … Continue reading

Posted in Auto, Fire Insurance, Insurance News | Leave a comment