In this article, Karen Weslowski and Lara Jung analyze an Ontario Court of Appeal decision that underscores the importance of clearly worded notice requirements, exclusion clauses and a consistent approach to asserting rights under a policy when breaches occur.
Karen Kerk was the designated insured under a home insurance policy (the policy) issued by Security National Insurance Company (the insurer). In 2016, Kerk and her spouse, Daniel Courtney (the applicants) sold their home in Gorham, Ont. (the property) to Danielle Fex and Robert Duncan (the purchasers). Despite Courtney’s representations that there were no water issues impacting the property, the purchasers soon discovered ice damming and mould growth in the home.
Read the full article from Law 360: Late notice, lost coverage: Ontario Court of Appeal upholds insurer’s denial of defence
