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Collusion occurs when ‘the insured and a third party claimant work together to inflate the third party’s recovery to artificially increase damages flowing from the insurer’s breach’ of the duty to defend.
Coverage is triggered when a claim is made against the insured during the policy period. In contrast, an “occurrence policy” provides insurance coverage for liability triggering events during the policy period, irrespective of when an actual claim is made. Lloyd’s argued that the policy in question was a claims-made insurance contract and ...
Nov 22, 2022 · The recent decision of the Court of Appeal in Napier City Council v Local Government Mutual Funds Trustee Limited provides useful clarity regarding the correct approach to interpretation of exclusion clauses in insurance contracts. The decision is particularly relevant to situations where a third-party claim involves a mixture of liabilities ...
Coverage Assessment vs. Loss Assessment. Coverage Assessment involves determining whether a particular loss or damage is covered under the terms of an insurance policy. This assessment addresses legal questions about the applicability and extent of a policy’s coverage.
Generally, an insurance company may deny coverage for a claim or void a policy from inception as if the policy failed to ever exist, when a client, being an insured, engages in providing a material misrepresentation to the insurance company.
Apr 1, 2014 · Aetna Life Insurance Co. of Canada, issued by the then Ontario Supreme Court in 1995, an insurer voided a policy on the basis of fraudulent misrepresentation. The court looked only at the...
In Ontario, when a driver has caused an accident and injured people, both the driver and owner of the vehicle are equally at fault. If the driver or owner is insured, their insurance company will defend them and pay for any personal injury claims made against them from the accident.
