Legal Blog

02 Dec 2018

Court Penalizes Insurer for Failing to Properly Explain to Insured Its Denial of His Claim.

by Andrew Moss

Augspols v G. Bates Plumbing and Intact Insurance Co., 2018 ONSC 7038

In 2007, Arnie Augspols found water in his basement. Mr. Augspols hired a plumber, who discovered and repaired a broken pipe. In 2010, sewage backed up into Mr. Augspols’ basement through a floor drain.  He hired another plumber, who replaced the sanitary line going into the house. In 2016, Mr. Augspols noticed one side of his basement floor was sinking. Because of the...

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02 Dec 2018

Insurer Must Indemnify Church for Compensation Payments Made to Abuse Victims.

by Andrew Moss

Aviva Insurance Company of Canada v. L’Évêque Catholique Romain de Bathurst, 2018 NBCA 64.

In 2002, Valéry Vienneau was appointed Bishop of the Roman Catholic Diocese of Bathurst.   Soon thereafter, Mr. Vienneau was contacted by individuals alleging Fathers Charles Picot and Levi Noel had sexually abused them.  The RCMP charged and tried both Picot and Noel.  As a result of the publicity, more alleged victims of abuse came forward.  The...

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02 Dec 2018

Supreme Court of Canada Transfers Life Insurance Proceeds from Named Beneficiary to Insured’s Former

by Andrew Moss

Moore v Sweet, 2018 SCC 52

Lawrence and Michelle Moore married and had three children together. In 1985, Lawrence purchased a term life insurance policy with $250,000.00 in coverage.  Lawrence designated Michelle as the revocable beneficiary and paid the premiums from the Moores’ joint bank account.  In 2000, the Moores separated.They agreed orally that Michelle would assume payment of the life insurance premiums and receive the proceeds...

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01 May 2018

Insurer Must Pay Fire Damages to Homeowner Despite Evidence of Arson

by Andrew Moss

Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481

The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage to the house, claiming $425,000. CNS denied the Plaintiff’s claim. CNS alleged the Plaintiff, or...

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01 May 2018

Court Orders Insurer to Pay Huge Costs Award for Mounting an Unreasonable Defence

by Andrew Moss

Persampieri v. Hobbs, 2018 ONSC 368

In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial.

At the mandatory pre-trial mediation, the Defendants admitted liability in exchange for the Plaintiff limiting...

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