The BC Court of Appeal cited a paper by Nigel Kent in a very recent decision regarding defences to subrogation claims. His paper, “Tort Immunity: Covenants to Insure and Waivers of Subrogation“, is acknowledged for noting the difficulty in reconciling conflicting case law respecting the wording necessary to establish a covenant to insure. A recent Insurable Interest bulletin dealing with the decision can be accessed here.
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