Insurable Interest – Insurance Law Newsletter
Past issues archive
January 23, 2012
Covenants to Insure
December 20, 2011
Santa's Clauses… Insurance Act Amendments effective July 1, 2012
December 2, 2011
Malicious Defamation and the Duty to Defend 'Mixed' Claims
November 3, 2011
BC Court of Appeal Fails to Clarify Scope of PAU
September 8, 2011
Where There's Smoke, There May Not Be Fire: The Importance of Investigation and Communication by Insurers
June 24, 2011
New Innocent Co-Insured Provision of BC's Insurance Act Now in Force
April 14, 2011
CGL Coverage for Construction Defects: BCCA Restricts "Loss of Use" Exclusion
March 11, 2011
Zippity Doo Da… What a Wonderful Waiver of Liability!
February 28, 2011
Overview of Canada's New Consumer Product Safety Act
February 14, 2011
Employee Injury and the CGL Policy
February 8, 2011
Damage Caused By Grow-Ops… Covered!
December 17, 2010
A Law Firm Night Before Christmas
December 3, 2010
So Long, Long v. Thiessen
September 23, 2010
A Progressive End to Swagger SCC Orders CGL Defence for Construction Defects & Damage
September 3, 2010
Appellate Courts: Not Settled on the "Settlement Clause"
June 16, 2010
Songs of Innocence: Broker's Liability to an Innocent Co-Insured
June 9, 2010
BC Supreme Court issues controversial strata property insurance ruling
June 2, 2010
BC Supreme Court Addresses Retroactivity Provisions of Health Care Costs Recovery Act
March 29, 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 3, 2010
Let's give them something to talk about: Government solicits input on the proposed Regulations under BC's new Insurance Act
February 23, 2010
Ruling on All-Risk Property Policy Highlights Importance of Clear Policy Language
January 27, 2010
Crying Over Spilt Ammonia: Insured Denied Coverage Under All-Risk Property & Warehouseman Liability Policy
January 8, 2010
Christmas Came Early for Alberta and Nova Scotia Insurers
December 30, 2009
Clark Wilson LLP Seminars for Insurance Institutes of Northern and Southern Alberta
December 24, 2009
Swimming in a Serbonian Bog: the SCC Revisits the Meaning of 'Accident'
December 17, 2009
The Adjuster Who Denied Christmas
October 21, 2009
Mummy: You Can't Sign Away My Right to Sue
September 22, 2009
It's Curtain Time Again: The Insurance Amendment Act Re-introduced
August 27, 2009
SCC Grants Leave to Appeal Construction Deficiency Coverage Decision
August 5, 2009
Who Appoints Counsel in Mixed Coverage Claims? Ontario Superior Court Revisits the Issue
June 26, 2009
Property Management Agreement Determines Benefit of Liability Coverage
June 15, 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 11, 2009
First Court Decision on B.C.'s New Health Care Costs Recovery Act
May 15, 2009
Grass is Greener for Insurers of Condo Building: Multiple Grow-Ops Get Multiple Deductibles
March 30, 2009
Liability Coverage for Construction Defects: BC Court of Appeal Parts Ways with Ontario and Saskatchewan
February 23, 2009
SCC Clarifies Law on Parallel Lawsuits: Race to Courthouse does not Determine Jurisdiction
January 23, 2009
SCC Declares Broker's Non-Competition Clause Unenforceable
December 19, 2008
Christmas Insurance Woes and Wishes
December 15, 2008
In sickness and in health … BC's Health Care Costs Recovery Act comes into force
December 11, 2008
BC Court of Appeal Decides (and Dismisses) its First Liability Insurance Bad Faith Case
November 21, 2008
SCC Narrows Design Exclusion in All-Risk Property Policies
August 7, 2008
Interpreting the CGL Exclusion for "Your Work": Subcontractor Characteristics Not Set in Concrete
July 14, 2008
Secondary Market Civil Liability Comes to BC
July 4, 2008
Blackouts Spark Debate of All Risks Policies
May 23, 2008
Psychological Injury Claim Doesn't Fly with SCC
May 1, 2008
Coming Soon: A New Insurance Act
April 10, 2008
BC to Shift the Cost of Health Care onto Insurers in BI Claims
March 25, 2008
BCCA Addresses Role of Adjuster
February 20, 2008
A Clear and Unequivocal Denial of Benefits Trumps a Sympathetic Plaintiff
February 8, 2008
To Protect and… Pay
December 13, 2007
BC Court of Appeal Upholds E&O Denial
December 10, 2007
An Insurance Night Before Christmas
November 15, 2007
Caps on Lessors' Liability Now in Force in BC
October 26, 2007
A Sagl of Punitive Damages
October 22, 2007
"Use or Operation of a Motor Vehicle": No Coverage for Hunting or Boulder Tossing
June 28, 2007
You Show Me Your's: Procedural Changes To Rules of Court Now Require Production of Insurance Policies
June 26, 2007
All Wet: Who is "Responsible" for Strata Deductibles
May 22, 2007
"A Light at the End of the Tunnel" - CNR v. Royal and Sun Alliance [2007 ONCA 209]
May 8, 2007
D&O Policy Polution Exclusion Tested in Securities Lawsuit
March 30, 2007
BC Supreme Court Dismisses Yet Another Leaky Condo Contractor's Claim for CGL Coverage
March 7, 2007
Government Proposes Substantial Revisions to the BC Insurance Act
February 26, 2007
BC Supreme Court Again Considers Liability Coverage for Construction Defects: Swagger Staggers But Does Not Fall
December 21, 2006
Nfld Court Of Appeal Narrows the "Work Performed" Exclusions in CGL Policy
December 5, 2006
Policy Limits and Multiple Claimants: First Come, First Served!
November 15, 2006
Construction Deficiencies & the CGL Policy: Supreme Court Refuses Ontario Appeals
October 11, 2006
"Work Performed" Exclusion Sends Insured's Coverage Down The Tubes
October 6, 2006
California Sues Automakers for Global Warming
September 18, 2006
A Toxic and Expensive Brew: Cross-Border Pollution Liability and Insurance Coverage Forum Shopping
June 26, 2006
SCC Overturns Bad Faith Punitive Damage Award
June 1, 2006
What is a 'Claim' Under a Claims-Made Policy?
May 23, 2006
Engineering Firm Successfully Jumps Through the Hoops of E&O Coverage
May 8, 2006
Keys Please - The S.C.C. Addresses Social Host Liability
May 5, 2006
BC Court of Appeal Reverses Self on Vicarious Liability of Vehicle Leasing Companies
April 12, 2006
SCC to Hear Challenge of General Damages 'Cap' in Personal Injury Cases?
April 6, 2006
Construction Deficiencies and the CGL Policy - The Ontario Court of Appeal Weighs In
March 29, 2006
Apology Accepted
February 6, 2006
Privacy Concerns: When Is Video Surveillance an Invasion of Privacy?
January 31, 2006
Sporadic Visits to a Vacant Home: Too Little, Too Late
December 8, 2005
Review of the BC Insurance Act Underway
November 18, 2005
Proposed BC Rule Change to Compel Disclosure of Insurance
October 25, 2005
BC Court of Appeal Addresses Issue of Crown Liability for Pre-1974 Torts
October 11, 2005
Overlapping Auto SEF 44 Family Protection (UMP) Endorsements: BC Supreme Court Rules on Priority and Per-Claimant Limits
August 24, 2005
BCCA Addresses Insurer Bad Faith (Sort of)
June 29, 2005
SCC Addresses Vacancy and Standard Mortgage Clause
July 27, 2005
Expanding CGL Coverage for Construction Losses
June 10, 2005
Excess Insurers Must Be Properly Notified of Claims
May 6, 2005
Real Estate Developer Recovers 90% Clean-up Costs From Previous Owners, in Action Under B.C. Environmental Legislation
April 4, 2005
Court Reforms Announced in BC
March 22, 2005
Replacement Cost Deadlines and Relief from Forfeiture
February 25, 2005
Supreme Court of Canada Endorses Relief From Forfeiture For Material Change in Risk
January 17, 2005
Construction Deficiency Denial Upheld: A Win for the Insurance Industry
December 22, 2004
An Early Holiday Gift for ICBC: BC Court of Appeal Rules Alberta's Underinsured Cover is Primary
November 24, 2004
Living in a Material World
November 8, 2004
Can the Existence of Debris in the Environment Constitute Property Damage for the Purpose of Auto Insurance?
November 1, 2004
Is Refusing to Renew Coverage a Breach of Human Rights?
October 12, 2004
Bad Faith: Strike One For The Good Guys
July 30, 2004
The "Root" of all Exclusions
July 23, 2004
Unrepresented Insured Takes on the Industry and Wins: Washington Supreme Court Rules in Mulcahy v. Farmers Insurance
July 5, 2004
Insurer Bad Faith Damages: A USA-Canada Comparison
June 15, 2004
The Gardener Did It: Court of Appeal Affirms General Principles respecting the Independent Contractor Defence in Occupiers Liability Claims
February 4, 2004
Recent B.C. Court Judgements Favour Insurers
December 23, 2003
Database Crash is Not Direct Physical Loss of or Damage to Property
November 28, 2003
BC Legislature to Reverse Judgement Invalidating Leaky Condo Suit
November 3, 2003
No-fault Benefits to be Deducted from Liability Awards in BC Auto Cases
September 30, 2003
September 11 Property Coverage: One or Two "Occurrences"?
August 27, 2003
"Additional Insured" Coverage Under a CGL Policy
August 7, 2003
A Clear and Present Exclusion
May 30, 2003
Regulating Fair Competition in BC's Optional Auto Insurance Market
May 1, 2003
S.C.C. Extends Limitation Period for Claims on "All-risk" Policies
April 17, 2003
Errant Golf Balls and the Law of Negligence
April 2, 2003
The Continuing Saga of Bad Faith and Hapless Insurance Companies
March 27, 2003
Legal Poetry and Other Devilishness
February 7, 2003
Deductibles and Salvage: The Insurers Win in Alberta
December 20, 2002
Ballard "Toxic Mold" Appeal Allowed (In Part)
November 29, 2002
Can an Insurance Appraiser be Liable in Negligence?
November 1, 2002
Excess Auto Insurer Successfully Denies "Direct Recourse" Claim
October 18, 2002
Coverage for Marijuana Grow Operations
October 11, 2002
Recent Shock Waves in Class Actions
September 27, 2002
B.C. Court of Appeal Addresses Criminal Act Exclusions Again
August 14, 2002
SCC Considers "Legally Entitled to Recover" Phrase in SEF 44 Endorsement
June 6, 2002
Ontario Court of Appeal Squashes Intentional Act Exclusions
April 26, 2002
Limitation Periods and Class Actions - An Update
February 22, 2002
Supreme Court of Canada Restores $1 Million Punitive Damage Award Against Insurer
February 4, 2002
Divide and Conquer: An Old Tactic Gets A New Twist In Bad Faith Litigation
January 7, 2002
Limitations on Telemarketing of Insurance Products
January 4, 2002
2002 Trends in US Liability Claims
November 1, 2001
Utah Supreme Court Upholds $145 Million Punitive Damage Award Against Insurer
August 29, 2001
Leaky Building Claims: Reasons Released in First B.C. Trial Decision
July 12, 2001
Deductible Dilemmas: Ontario Court of Appeal Underscores Potential Class Action Exposure on Part of Auto Insurers
May 18, 2001
No-Fault Benefits in B.C. And Out-Of-Province Auto Insurers: The Alberta Court of Appeal Slams The Door!
April 5, 2001
Apportioning Defence Costs Between Multiple Liability Insurers
April 4, 2001
BCCA Warns That "Advertising Injury" Coverage in a CGL Policy Will be Broadly Interpreted
January 3, 2001
"Subrogated" Hospitals Claims in B.C. (So You Thought That File Was Closed Did You?)
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