Allstate Insurance Co. of Canada v. Aftab et al., (2015) 335 O.A.C. 172 (CA)
| Judge | Strathy, C.J.O., LaForme and Tulloch, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | May 11, 2015 |
| Jurisdiction | Ontario |
| Citations | (2015), 335 O.A.C. 172 (CA);2015 ONCA 349 |
Allstate Ins. v. Aftab (2015), 335 O.A.C. 172 (CA)
MLB headnote and full text
Temp. Cite: [2015] O.A.C. TBEd. MY.023
Allstate Insurance Company of Canada (applicant/appellant) v. Sumaira Aftab (respondent/respondent) and Meng C. Chiu and Honda Canada Finance Inc. (respondents)
(C59505; 2015 ONCA 349)
Indexed As: Allstate Insurance Co. of Canada v. Aftab et al.
Ontario Court of Appeal
Strathy, C.J.O., LaForme and Tulloch, JJ.A.
May 15, 2015.
Summary:
An application judge determined that the insurer had a duty to defend its insured under her homeowner insurance policy. The insurer appealed.
The Ontario Court of Appeal allowed the appeal.
Insurance - Topic 725
Insurers - Duties - Duty to defend - Aftab's young son, Sameer, was hit by a car while crossing the road after getting out of her van - Aftab commenced an action on behalf of Sameer against Chiu, the driver of the car that hit him - Chiu counterclaimed against Aftab for indemnification, alleging she had failed to take reasonable steps to ensure her son's safety - Aftab's auto insurer, Unifund Assurance Company, and her homeowner insurer, Allstate, brought separate proceedings for declarations that they had no duty to defend the counterclaim or to provide coverage for damages - An application judge determined that Allstate had a duty to defend Aftab under her homeowner insurance policy - Allstate appealed - The Ontario Court of Appeal allowed the appeal - Section 1(a) of the policy stated that "You are not insured for claims made against you arising from: (a) The ownership, use or operation of any motorized vehicle, trailer, or watercraft, except those insured in this policy" - The language in Allstate's policy served to exclude coverage for the counterclaim because it "arises from" the injury to Sameer.
Insurance - Topic 5400
Property insurance - General - Liability insurance - Exclusions - Motor vehicles - [See Insurance - Topic 725 ].
Cases Noticed:
Sheppard v. Co-operators General Insurance Co. (1997), 99 O.A.C. 390; 33 O.R.(3d) 362 (C.A.), refd to. [para. 1].
Bawden v. Wawanesa Mutual Insurance Co. (2013), 313 O.A.C. 104; 118 O.R.(3d) 189; 2013 ONCA 717, dist. [para. 1].
Monenco Ltd. et al. v. Commonwealth Insurance Co. et al., [2001] 2 S.C.R. 699; 274 N.R. 84; 155 B.C.A.C. 161; 254 W.A.C. 161; 2001 SCC 49, refd to. [para. 16].
Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, [2010] 2 S.C.R. 245; 406 N.R. 182; 293 B.C.A.C. 1; 496 W.A.C. 1; 2010 SCC 33, refd to. [para. 17].
Scalera v. Lloyd's of London, [2000] 1 S.C.R. 551; 253 N.R. 1; 135 B.C.A.C. 161; 221 W.A.C. 161; 2000 SCC 24, refd to. [para. 17].
Gibbens v. Co-operators Life Insurance Co., [2009] 3 S.C.R. 605; 396 N.R. 165; 278 B.C.A.C. 283; 471 W.A.C. 283; 2009 SCC 59, refd to. [para. 18].
Counsel:
Sheldon A. Gilbert, Q.C., for the appellant;
Louis P. Covens, for the respondents, Meng C. Chiu and Honda Canada Finance.
This appeal was heard on May 11, 2015, by Strathy, C.J.O., LaForme and Tulloch, JJ.A., of the Ontario Court of Appeal. The following endorsement of the Court of Appeal was delivered on May 15, 2015.
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Court Of Appeal Summaries (March 15 ' 19, 2021)
...D.L.R. (4th) 126 (Ont. C.A.), NonMarine Underwriters, Lloyd's London v. Scalera, 2000 SCC 24, Allstate Insurance Co. of Canada v. Aftab, 2015 ONCA 349, CUMIS General Insurance Co. v. 1319273 Ontario Ltd., 2008 ONCA 249, Zurich Insurance Co. v. 686234 Ontario Ltd. (2002), 62 O.R. (3d) 447 (O......
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