Insurable Interest - Insurance law Newsletter and Case Law Review by Clark Wilson LLP

Clark Wilson LLP's Insurable Interest
Case Law Review Archive

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Past Issues (by date):

Songs of Innocence: Broker's Liability to an
Innocent Co-Insured
June 16, 2010
BC Supreme Court issues controversial strata property insurance ruling
June 9, 2010
BC Supreme Court Addresses Retroactivity Provisions of Health Care Costs Recovery Act
June 2, 2010
Chain Gang or Chain of Causation: Do injuries sustained in a purse snatching arise out of the 'use and operation of a motor vehicle'?
March 29, 2010
Let's give them something to talk about: Government solicits input on the proposed Regulations under BC's new Insurance Act
March 3, 2010
Ruling on All-Risk Property Policy Highlights Importance of Clear Policy Language
February 23, 2010
Crying Over Spilt Ammonia: Insured Denied Coverage Under All-Risk Property & Warehouseman Liability Policy
January 27, 2010
Christmas Came Early for Alberta and Nova Scotia Insurers
January 8, 2010
Special Bulletin: Clark Wilson Seminars for Insurance Institutes of Northern and Southern Alberta
December 30, 2009
Swimming in a Serbonian Bog: the SCC Revisits the Meaning of 'Accident'
December 24, 2009
The Adjuster Who Denied Christmas
December 17, 2009
Mummy: You Can't Sign Away My Right to Sue
October 21, 2009
It's Curtain Time Again: The Insurance Amendment Act Re-introduced
September 22, 2009
SCC Grants Leave to Appeal Construction Deficiency Coverage Decision
August 27, 2009
Who Appoints Counsel in Mixed Coverage Claims?
Ontario Superior Court Revisits the Issue
August 5, 2009
Property Management Agreement Determines Benefit of Liability Coverage
June 26, 2009
Go Ahead and Sue Me (But Not in Your Home Province Please): BC Supreme Court Declines Jurisdiction Over US Defendant Where Accident Occurs in Washington
June 15, 2009
First Court Decision on B.C.�s New Health Care Costs Recovery Act
June 11, 2009
Grass is Greener for Insurers of Condo Building: Multiple Grow�Ops Get Multiple Deductibles
May 15, 2009
Liability Coverage for Construction Defects: BC Court of Appeal Parts Ways with Ontario and Saskatchewan
March 30, 2009
SCC Clarifies Law on Parallel Lawsuits: Race to Courthouse Does Not Determine Jurisdiction
February 23, 2009
SCC Declares Broker's Non-Competition Clause Unenforceable
January 23, 2009
Christmas Insurance Woes and Wishes
December 19, 2008
In sickness and in health ... BC's Health Care Costs Recovery Act comes into force
December 15, 2008
BC Court of Appeal Decides (and Dismisses) its First Liability Insurance Bad Faith Case
December 11, 2008
SCC Narrows Design Exclusion in All-Risk Property Policies
November 21, 2008
Interpreting the CGL Exclusion for "Your Work": Subcontractor Characteristics Not Set in Concrete
August 7, 2008
Secondary Market Civil Liability Comes to BC
July 14, 2008
Blackouts Spark Debate of All Risks Policies
July 4, 2008
Psychological Injury Claim Doesn't Fly with SCC
May 23, 2008
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
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
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
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
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
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
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
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
Insurer Bad Faith Damages: A USA-Canada Comparison
July 5, 2004
The Gardener Did It: Court Of Appeal Affirms General Principles respecting the Independent Contractor Defence in Occupiers Liability Claims
June 15, 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
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
New SPF 1 Auto Policy Approved for Use in B.C.
Bad Faith Litigation - An Update
Progressive Damage Cases: Which Liability Insurer Must Respond?
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
Zoning Bylaw Prevents Rebuilding: Replacement Cost or only ACV? (Manhas vs Sovereign General Insurance)
BCAA Affirms CGL Coverage for Employer's Vicarious Liability RE Employee Assaults
Lower Duty of Care for Certain Occupiers: A Reminder
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

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