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Mortgage Insurers Now Offering Rebates For Green Homes

With the new mortgage rules in effect, qualifying for a mortgage is harder than ever for most Canadians. For Buyers who put less than 20% down on their purchase, mortgage insurance becomes a necessary evil- and adds thousands to your closing costs. The good news is that most new construction…

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RISK Case Law Updates

Insurers liable for breach of contract based on release

The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) up until settlement but, when residual issues resulted in a…

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RISK Case Law Updates

Insurer is not bound to advise of limitation period

Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim was time-barred. The Plaintiff was injured in 2007, when…

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RISK Case Law Updates

Court finds denial letter met clear and unequivocal standard

Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the…

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