Alavie v. Chubb Ins., (2005) 195 O.A.C. 7 (CA)
| Judge | Feldman, Cronk and LaForme, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | February 16, 2005 |
| Jurisdiction | Ontario |
| Citations | (2005), 195 O.A.C. 7 (CA) |
Alavie v. Chubb Ins. (2005), 195 O.A.C. 7 (CA)
MLB headnote and full text
Temp. Cite: [2005] O.A.C. TBEd. MR.018
Venus Alavie (plaintiff/appellant) v. Chubb Insurance Company of Canada (defendant/respondent)
(C42283)
Indexed As: Alavie v. Chubb Insurance Co. of Canada
Ontario Court of Appeal
Feldman, Cronk and LaForme, JJ.A.
March 7, 2005.
Summary:
Following a theft at her residence, the plaintiff submitted a loss claim for $950,000 under a tenant's policy, $50,000 of which related to eight pieces of her own artwork. In attempting to substantiate their value, the plaintiff provided false invoices that purported to relate to past sales of similar artwork to independent third party purchasers. Her insurer refused payment. The plaintiff sued the insurer. A motions judge held that the plaintiff had disentitled herself to any coverage under the policy. He granted the insurer summary judgment. The plaintiff appealed.
The Ontario Court of Appeal dismissed the appeal.
Insurance - Topic 3327
Payment of insurance proceeds - Actions - Defences - Fraud - Following a theft at her residence, the plaintiff submitted a loss claim for $950,000 under a tenant's policy, $50,000 of which related to eight pieces of her own artwork - In attempting to substantiate their value, the plaintiff provided false invoices that purported to relate to past sales of similar artwork to independent third party purchasers - Her insurer refused payment - A motions judge held that the plaintiff had disentitled herself to any coverage under the policy - He granted the insurer summary judgment - The Ontario Court of Appeal dismissed the plaintiff's appeal - By her wrongful conduct, the plaintiff breached her duty of utmost good faith in her dealings with the insurer - As a result, no evidence of the value of any part of her claimed loss, even if now adduced, could be trusted or accepted by the insurer.
Cases Noticed:
Britton v. Royal Insurance (1866), 4 F&F 905, refd to. [para. 5].
Counsel:
Christopher I.R. Morrison and Gary R. Will, for the appellant;
Sheila McKinlay, for the respondent.
This appeal was heard on February 16, 2005, by Feldman, Cronk and LaForme, JJ.A., of the Ontario Court of Appeal. The court delivered the following endorsement on March 7, 2005.
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The Settlement Process
...cases, findings of fraud made at trial were overturned on appeal for insufficient evidence. 66 Alavie v Chubb Insurance Co of Canada (2005), 195 OAC 7 (CA). 67 See, for example, Brown v Insurance Corp of British Columbia , 2004 BCCA 254. In order to be entitled to a refund, the insurer must......
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Table of cases
...415 Al-Asadi v Alberta Motor Assn Insurance Co, 2003 ABQB 289 ........................368 Alavie v Chubb Insurance Co of Canada (2005), 195 OAC 7, [2005] OJ No 776 (CA) ................................................................................ 367 Alberta (AG) v Canada (AG), [1916] 1 ......
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Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Ltd. et al.,
...Britton v. Royal Insurance Co. (1866), 4 F. & F. 905 (Nisi Prius), refd to. [para. 76]. Alavie v. Chubb Insurance Co. of Canada (2005), 195 O.A.C. 7 (C.A.), refd to. [para. Dimario v. Royal Insurance Canada (1987), 26 O.A.C. 370 (Div. Ct.), refd to. [para. 76]. Swan Hills Emporium &am......
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Gebara v Economical Insurance Group, 2017 ONSC 801
...Britton v. Royal Insurance (1866), 4 F&F 905 at p. 909; Alavie v. Chubb Insurance Co. of Canada (2005), 2005 CanLII 5331 (ON CA), 195 O.A.C. 7 (C.A.), at para. 5; Dimario v. Royal Insurance Canada, (1987) 26 O.A.C. 370 (Ont. Div. Ct.), at para. 7. This rule follows from the general prin......
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Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Ltd. et al.,
...Britton v. Royal Insurance Co. (1866), 4 F. & F. 905 (Nisi Prius), refd to. [para. 76]. Alavie v. Chubb Insurance Co. of Canada (2005), 195 O.A.C. 7 (C.A.), refd to. [para. Dimario v. Royal Insurance Canada (1987), 26 O.A.C. 370 (Div. Ct.), refd to. [para. 76]. Swan Hills Emporium &am......
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Gebara v Economical Insurance Group, 2017 ONSC 801
...Britton v. Royal Insurance (1866), 4 F&F 905 at p. 909; Alavie v. Chubb Insurance Co. of Canada (2005), 2005 CanLII 5331 (ON CA), 195 O.A.C. 7 (C.A.), at para. 5; Dimario v. Royal Insurance Canada, (1987) 26 O.A.C. 370 (Ont. Div. Ct.), at para. 7. This rule follows from the general prin......
-
The Settlement Process
...cases, findings of fraud made at trial were overturned on appeal for insufficient evidence. 66 Alavie v Chubb Insurance Co of Canada (2005), 195 OAC 7 (CA). 67 See, for example, Brown v Insurance Corp of British Columbia , 2004 BCCA 254. In order to be entitled to a refund, the insurer must......
-
Table of cases
...415 Al-Asadi v Alberta Motor Assn Insurance Co, 2003 ABQB 289 ........................368 Alavie v Chubb Insurance Co of Canada (2005), 195 OAC 7, [2005] OJ No 776 (CA) ................................................................................ 367 Alberta (AG) v Canada (AG), [1916] 1 ......