Thomas J. Donnelly

Phone: 416.507.1866
Email: tdonnelly@tgplawyers.com
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Recent Decisions

Midas Investment Corp. v. The Dominion of Canada General Insurance Co. (Nov. 9, 2011 appraisal decision). Successfully represented insurer in a multi-million dollar appraisal hearing under s. 128 of the Insurance Act.

Successfully represented insurer in an arbitration between two excess professional liability insurers. The arbitrator held that the other insurer was required to pay the remaining $4.6 million of a settlement (February 2011).

Cohn v. Calovic, 2011 Carswell Ont 1436 (S.C.J.). Acted on behalf of insurance agent in case involving the applicable limit of underinsured motorist coverage under an auto policy and a personal umbrella liability policy.

Woodbury v. State Farm Fire and Casualty Co. (2010), 88 C.C.L.I. (4th) 261 (Ont. S.C.J.). Acted for insurer under a homeowner's policy. The court held that liability arising from injuries sustained in a motorboat collision was excluded. The court also held that the exception to the exclusion did not restore coverage for a motorboat with a 175 hp inboard engine. The insurer had no duty to defend.

Goodman v. AIG Commercial Ins. Co., (2010), 101 O.R. (3d) 741 (C.A.), affirming (2009), 78 C.C.L.I. (4th) 249 (Ont. Comm. List). Acted for directors in a claim for defence costs against two D&O insurers. The court considered the interaction of a commercial D&O policy and an Outside Directors’ Liability policy.

Obtained a US$26.5 million settlement of a business interruption claim for a policyholder client (February 2009).

AXA Insurance (Canada) v. Ani-Wall Concrete Forming Inc., (2008), 91 O.R. (3d) 481 (C.A.). Acted for policyholder contractors and builders in claim against CGL insurer. The court held that the “Your Work”, “Your Product”, and “Rip and Tear” exclusions did not apply to claims for defective concrete.

Frohlinger v. Nortel Networks Corp. (2007), 40 C.P.C. (6th) 62 (Ont. S.C.J.). Acted as D&O insurance coverage counsel for policyholder in multi-billion dollar securities class action settlements in the U.S. and Canada.

Dominion of Canada General Insurance Co. v. Beckford-Tseu (2007), 07-CV-325439PD2 (Ont. S.C.J.). Acted for insurer in duty to defend application. There was no duty to defend where the insured allegedly pushed the plaintiff into the path of a taxi.

Jesuit Fathers of Upper Canada v. Guardian Insurance Co. (2006), 267 D.L.R. (4th) 1 (S.C.C.). Acted as co-counsel for insurer in the Supreme Court of Canada. At issue was coverage, under a claims-made E&O policy, for residential school abuse litigation. The Supreme Court held that only one of approximately 100 claims was first made during the policy period, and that there was no duty to defend claims made after the policy expired.

Bridgewood Building Corp. (Riverfield) v. Lombard General Insurance Co. of Canada (2006), 266 D.L.R. (4th) 182 (Ont. C.A.), application for leave to appeal to the Supreme Court of Canada dismissed November 9, 2006. Acted for policyholders in precedent-setting decision. For the first time in Canada, the court held that statutory liability under new home warranty legislation triggered CGL coverage, in the absence of a lawsuit. In affirming the decision, the appellate court held that the business risk doctrine did not preclude coverage for faulty concrete.

Solway v. Lloyds of London and Allianz Insurance Co. (2006), 80 O.R. (3d) 401 (C.A.). Acted for policyholders in claim under transportation and storage insurance policy. The Court of Appeal held that approximately $300,000 in costs and post-judgment interest was payable by the insurer in addition to the limit of liability.

Djepic v. Kuburovic and Dominion of Canada General Insurance Co. (2006), 263 D.L.R. (4th) 709 (Ont. C.A.). Acted for auto insurer on appeal of duty to defend decision. The Court of Appeal held that the defendant in an action was not an insured under an automobile policy.

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