Automobile insurance

Automobile insurance - Coverage - Benefits - Statutory provisions - Third parties - Victim, definition
An individual whose family was killed in a motor vehicle accident ("Krzysik") was not entitled to income replacement indemnity benefits where the Automobile Injury Compensation Appeal Commission (the "Commission") concluded that Krzysik was not a victim of the accident.

Builder's Risk Policy

Builder's risk policy - Interpretation of policy - Coverage - Exclusions - Sub-contractors - Faulty design - defective workmanship
The issuer of a builder's risk policy ("Commonwealth") was not required to indemnify contractors for deficiencies in the installation of a hardwood floor where the Court held that the faulty workmanship exclusion in the policy applied.

Commercial general liability insurance

Commercial general liability insurance - Interpretation of policy - Duty to defend - Exclusions - Intentional acts
When an employee who is insured under the employer’s commercial liability policy commits an intentional act which results in unintentional harm, the policy’s exclusion clause excluding damage caused intentionally by or at the direction of the insured will not be engaged.

Property insurance

Property insurance - Exclusions - Landlord and tenant - Leases - Statutory provisions; Policies and insurance contracts - Interpretation of policy - Third parties; Subrogation - Right of insurer to subrogation
Where a commercial lease purports to limit the lessor's liability by curtailing the subrogation rights of an insurer of the lessee, the lease will prevail as a complete defence to a subrogated action, provided the action is within the scope of what is excluded by the terms of the lease.

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