Clark Wilson LLP Insurance Bulletin

Clark Wilson LLP Insurance Bulletin
Case Law Review Archive

Insurance Bulletin Archive Search:

Past Issues (by date):

Coming Soon: A New Insurance Act
May 1, 2008
BC to Shift the Cost of Health Care onto Insurers in BI Claims
April 10, 2008
Founders of Clark Wilson and the 91st Anniversary of the Battle of Vimy Ridge
April 9, 2008
BCCA Addresses Role of Adjuster
March 25, 2008
A Clear and Unequivocal Denial of Benefits Trumps a Sympathetic Plaintiff
February 20, 2008
To Protect and... Pay
February 8, 2008
Non-Disclosure of Wine Collection's Multi-Million Dollar Value Not Material to Underwriters
January 21, 2008
What Comes First: Boats, Horses and "Other Insurance" Clauses?
January 3, 2008
BC Court of Appeal Upholds E&O Denial
December 13, 2007
An Insurance Night Before Christmas
December 10, 2007
Caps on Lessors' Liability Now in Force in B.C.
November 15, 2007
A Sagl of Punitive Damages
October 26, 2007
'Use or Operation of a Motor Vehicle': No Coverage for Hunting or Boulder Tossing
October 22, 2007
You Show Me Your's: Procedural Changes To Rules of Court Now Require Production of Insurance Policies
June 28, 2007
All Wet: Who is 'Responsible' for Strata Deductibles
June 26, 2007
"A Light at the End of the Tunnel" - CNR v. Royal and Sun Alliance [2007 ONCA 209]
May 22, 2007
D&O Policy Polution Exclusion Tested in Securities Lawsuit
May 8, 2007
BC Supreme Court Dismisses Yet Another Leaky Condo Contractor's Claim for CGL Coverage
March 30, 2007
Government Proposes Substantial Revisions to the B.C. Insurance Act
March 7, 2007
BC Supreme Court Again Considers Liability Coverage for Construction Defects: Swagger Staggers But Does Not Fall
February 26, 2007
Breach of Contract Claim Covered as "Wrongful Act", But Coverage Denied for Non-Disclosure in Application
January 18, 2007
Nfld Court Of Appeal Narrows the "Work Performed" Exclusions in CGL Policy
December 21, 2006
Policy Limits and Multiple Claimants: First Come, First Served!
December 5, 2006
Construction Deficiencies & the CGL Policy: Supreme Court Refuses Ontario Appeals
November 15, 2006
"Work Performed" Exclusion Sends Insured's Coverage Down The Tubes
October 11, 2006
California Sues Automakers for Global Warming
October 6, 2006
A Toxic and Expensive Brew: Cross-Border Pollution Liability and Insurance Coverage Forum Shopping
September 18, 2006
SCC Overturns Bad Faith Punitive Damage Award
June 29, 2006
What is a "Claim" Under a Claims-Made Policy?
June 1, 2006
Engineering Firm Successfully Jumps Through the Hoops of E&O Coverage
May 23, 2006
Keys Please - The S.C.C. Addresses Social Host Liability
May 8, 2006
BC Court of Appeal Reverses Self On Vicarious Liability of Vehicle Leasing Companies
May 5, 2006
SCC to Hear Challenge of General Damages "cap" in Personal Injury Cases?
April 12, 2006
Construction Deficiencies and the CGL Policy - The Ontario Court of Appeal Weighs In
April 6, 2006
Apology Accepted
March 29, 2006
Privacy Concerns: When Is Video Surveillance an Invasion of Privacy?
February 6, 2006
Sporadic Visits to a Vacant Home: Too Little, Too Late
January 31, 2006
Review of the BC Insurance Act Underway
December 8, 2005
Proposed BC Rule Change to Compel Disclosure of Insurance
November 18, 2005
Ignorance is not Bliss - Wilfully False Statement Vitiates Claim
October 28, 2005
BC Court of Appeal Addresses Issue of Crown Liability for Pre-1974 Torts
October 25, 2005
Overlapping Auto SEF 44 Family Protection (UMP) Endorsements: BC Supreme Court Rules on Priority and Per-Claimant Limits
October 11, 2005
Construction Deficiency Denial Upheld (In BC This Time): Another Win for the Insurance Industry
September 12, 2005
BCCA Addresses Insurer Bad Faith (sort of)
August 24, 2005
Expanding CGL Coverage for Construction Losses
July 27, 2005
SCC Addresses Vacancy and Standard Mortgage Clause
June 29, 2005
Excess Insurers Must Be Properly Notified of Claims
June 10, 2005
B.C. Court of Appeal Quashes Subrogated Action � Claim Against Tenant Barred By Insurance Covenants
June 6, 2005
Real Estate Developer Recovers 90% Clean-up Costs From Previous Owners, in Action Under B.C. Environmental Legislation
May 6, 2005
Court Reforms Announced in BC
April 4, 2005
Replacement Cost Deadlines and Relief from Forfeiture
March 22, 2005
Supreme Court of Canada Endorses Relief From Forfeiture For Material Change in Risk
February 25, 2005
The Big (Insurance) Problem of Faulty Buildings - recent publications
February 1, 2005
Construction Deficiency Denial Upheld: A Win for the Insurance Industry
January 17, 2005
An Early Holiday Gift for ICBC: BC Court of Appeal Rules Alberta's Underinsured Cover is Primary
December 22, 2004
Living in a Material World
November 24, 2004
Can the Existence of Debris in the Environment Constitute Property Damage for the Purpose of Auto Insurance?
November 8, 2004
Is Refusing to Renew Coverage a Breach of Human Rights?
November 1, 2004
Bad Faith: Strike One For The Good Guys
October 12, 2004
"Use and Operation of an Automobile" and The Insurer�s Duty to Defend: Recent Lessons from the B.C. Court of Appeal
October 4, 2004
To Cover or Not to Cover: That is the Question
September 22, 2004
Taking a Long Walk Off A Short Pier (and a deep dive into shallow water)
August 18, 2004
The "Root" of all Exclusions
July 30, 2004
Unrepresented Insured Takes on the Industry and Wins: Washington Supreme Court Rules in Mulcahy v. Farmers Insurance
July 23, 2004
Insured Lies, And Then Recants, But Coverage Still Forfeited
July 20, 2004
Insurer Bad Faith Damages: A USA-Canada Comparison
July 5, 2004
Plaintiffs and Juries: Just How Far Can They Go Anyway?
June 25, 2004
The Gardener Did It: Court Of Appeal Affirms General Principles respecting the Independent Contractor Defence in Occupiers Liability Claims
June 15, 2004
GUMPP'S LAW: If Insurers Want to Have a Limitation Defence, They Should Clearly and Equivocally Deny First Party Claims
May 6, 2004
Recent B.C. Court Judgements Favour Insurers
February 4, 2004
Database Crash is Not Direct Physical Loss of or
Damage to Property
December 23, 2003
BC Legislature to Reverse Judgement Invalidating
Leaky Condo Suit
November 28, 2003
No-fault Benefits to be Deducted from Liability
Awards in BC Auto Cases
November 3, 2003
Supreme Court Dismisses Claims for
Institutional Sexual Misconduct
October 2, 2003
September 11 Property Coverage: One
or Two "Occurrences"?
September 30, 2003
"Additional Insured" Coverage Under a CGL Policy
August 27, 2003
A Clear and Present Exclusion
August 7, 2003
Regulating Fair Competition in BC's Optional Auto Insurance Market
May 30, 2003
S.C.C. Extends Limitation Period for Claims on "All-risk" Policies
May 1, 2003
Errant Golf Balls and the Law of Negligence
April 17, 2003
The Continuing Saga of Bad Faith and Hapless Insurance Companies
April 2, 2003
Legal Poetry and Other Devilishness
March 27, 2003
Deductibles and Salvage: The Insurers Win in Alberta
February 7, 2003
Ballard "Toxic Mold" Appeal Allowed (In Part)
December 20, 2002
Everything You Always Wanted to Know About Triggerage and the Duty of Excess Insurers to Defend Progressive Injury Cases (But Were Afraid to Ask) - According to the Ontario Court of Appeal
December 12, 2002
Can an Insurance Appraiser be Liable in Negligence?
November 29, 2002
Excess Auto Insurer Successfully Denies "Direct Recourse" Claim
November 1, 2002
Coverage for Marijuana Grow Operations
October 18, 2002
Recent Shock Waves in Class Actions
October 11, 2002
B.C. Court of Appeal Addresses Criminal Act Exclusions Again
September 27, 2002
Leaky Condo Reasons Released
September 24, 2002
BCCA Dismisses Leaky Condo Appeal
September 19, 2002
SCC Considers "Legally Entitled to Recover" Phrase in SEF 44 Endorsement
August 14, 2002
Lawyers Turn to EBay in a Bid to Collect Evidence for Suits
July 23, 2002
Computer Data and Software is Not Tangible Property�
July 19, 2002
Jury Awards for Pain & Suffering: Is Guidance Required?
July 10, 2002
Ontario Court of Appeal Squashes Intentional Act Exclusions
June 6, 2002
Supreme Court Restores Traditional Approach To Overlapping Coverage Disputes - Unanimously Reverses B.C. Court of Appeal in Family V. Lombard
May 23, 2002
Limitation Periods and Class Actions - An Update
April 26, 2002
Supreme Court of Canada Restores $1 Million Punitive Damage Award Against Insurer
February 22, 2002
Divide and Conquer: An Old Tactic Gets A New Twist In Bad Faith Litigation
February 4, 2002
Limitations on Telemarketing of Insurance Products
January 5, 2002
2002 Trends in US Liability Claims
January 4, 2002
Utah Supreme Court Upholds $145 Million Punitive Damage Award Against Insurer
November 1, 2001
Supreme Court of Canada Revisits Issue of Concurrent Causation and Interpretation of Policy Exclusions
October 19, 2001
Leaky Building Claims: Reasons Released in First B.C. Trial Decision
August 29, 2001
Limitation Periods Under All-Risk Property Policies: The B.C. Court of Appeal Changes the Law (Again)
July 26, 2001
Deductible Dilemmas: Ontario Court of Appeal Underscores Potential Class Action Exposure On Part of Auto Insurers
July 12, 2001
BCCA Warns That "Advertising Injury" Coverage in a CGL Policy Will be Broadly Interpreted
April 4, 2001
No-Fault Benefits in B.C. And Out-Of-Province Auto Insurers: The Alberta Court of Appeal Slams The Door!
May 18, 2001
Apportioning Defence Costs Between Multiple Liability Insurers
April 5, 2001
Overlapping Liability Coverage (Continued): Family V. Lombard Appeal to be Heard by the Supreme Court
February 21, 2001
"Subrogated" Hospitals Claims in B.C. (So You Thought That File Was Closed Did You?)
January 3, 2001
Intentional Torts of Employees: Are Employers Covered or Not?
New SPF 1 Auto Policy Approved for Use in B.C.
Bad Faith Litigation - An Update
Progressive Damage Cases: Which Liability Insurer Must Respond?
Overlapping Liability Coverage: The B.C. Courtof Appeal Makes New Law (Again)
Sexual Assault and the Duty to Defend: What has the Supreme Court Done (And Not Done)?
No Re-Trial of Merits on "Direct Recourse" Action Against Insurer
Court of Appeal Narrows "Inherent Vice" Exclusion Criminal Act Exclusion Upheld
Arson Denial Attracts Defamation Liability
Similar Fact Evidence to a Pattern of Bad Faith
Websites, Defamation Claims and "Personal / Advertising Injury" Coverage
Judgement Creditor Enforces Coverage Despite Express Waiver by Insured
Can Independent Adjusters and Insurance Company Claims Examiners be Personally Liable to the Insured for �Bad Faith� Handling of Claims? Indeed they can says Ontario Judge.
Supreme Court Endorses Subrogation Waivers
Y2K Remediation Costs: Emerging Lawsuits To Enforce Coverage Under Property Policies
Supreme Court Affirms Vicarious Liability for Sexual Misconduct of Employees
Zoning Bylaw Prevents Rebuilding: Replacement Cost or only ACV? (Manhas vs Sovereign General Insurance)
The Duty to Defend: More than just pleadings? (Monenco Ltd. vs Commonwealth Insurance)
BCAA Affirms CGL Coverage for Employer's Vicarious Liability RE Employee Assaults
Lower Duty of Care for Certain Occupiers: A Reminder
Vicarious Liability For Employee's Arson - A Covered Peril?
Onus of Proof in Occupiers' Liability Cases
Accidental Cause Vs. Accidental Result - Which is Covered?
Punitive Damages Denied in Action for Breach of Contract Arising Out of Death of Policy Holder
Allocation of Settlement Amounts as Between Insurer and Insured
Millennium Bug's First Byte: Insurer Abandons Computer Firm
Compulsory Disclosure of Settlement Documentation
"Latent Defect/Inherent Vice" Exclusions Not Applicable To Roof Collapse
Are Insurer-Imposed File Handling/Billing Procedures Unethical?
First Y2K Coverage Suit Launched

< Insurance Law Homepage
> Subscribe or Unsubscribe
> Insurance Publications

Clark Wilson LLP is a Canadian law firm, located in Vancouver British Columbia, offering services in all commercial areas. Please see our areas of practice
webpage for more information.

Contact & Directions

Online Contact Form
Map & Directions
Phone: 604.687.5700
Fax: 604.687.6314

Mailing Address

Clark Wilson LLP
BC's Law Firm for Business
HSBC Building
800 - 885 West Georgia Street
Vancouver, BC V6C 3H1
Canada