Is Stelcrete entitled to claim compensation for the cost of replacement insurance coverage where the notice period has expired?

Ontario, Canada


The following excerpt is from Ludchen v. Stelcrete Industries Ltd., 2013 ONSC 7495 (CanLII):

Stelcrete relies upon the case of Yiu v. Canac Kitchens Ltd., [2009] O.J. No. 871, where at paras. 22 and 23 Brown J. declined to award compensation to the plaintiff for the cost of insurance coverage where the notice period had expired and the plaintiff had not provided evidence that he had actually incurred any expense for the purchase of replacement insurance coverage or for matters that would have been covered by such insurance.

Other Questions


Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided? (Ontario, Canada)
If an insurance policy question is ambiguous and open to multiple interpretations and leads an applicant for insurance coverage to provide incorrect information, must the answer be resolved as against the insurer? (Ontario, Canada)
What is the current state of the insurance industry's position on the insurance market when it comes to insurance coverage? (Ontario, Canada)
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Is an insurer's obligation to pay insurance monies to an insured a debt that can be garnished? (Ontario, Canada)
Can a clause in a policy that states that an insurer may deny coverage, such as s. 1.4 of the policy, be interpreted as "may" preclude coverage? (Ontario, Canada)
Can a motorcyclist who tripped over a motorcycle parked near his trailer and hit his head on his trailer claim an accident insurance claim? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.