Pre-Trial ‘Time on Risk’ Allocation of CGL Defence Costs Denied
It is the occurrence of damage, and not the initial precipitating event of negligence, which triggers coverage under occurrence-based CGL policies. In cases of progressive ... Continued
Covenants to Insure
Two cases, the first out of the BC Court of Appeal and the second from the Alberta Court of Appeal, provide a useful refresher on ... Continued
Santa’s Clauses… Insurance Act Amendments effective July 1, 2012
(to the tune of “Jingle Bells” with apologies) Dashing is a kind of overstatement, Lagging far behind here comes the Government, With changes to the ... Continued
Malicious Defamation and the Duty to Defend ‘Mixed’ Claims
The recent BCMA v. Aviva Insurance case is not only interesting on its facts, but provides educational summaries of important principles on such matters as, ... Continued
BC Court of Appeal Fails to Clarify Scope of PAU
On October 27, 2011, the BC Court of Appeal released reasons in the case of Moldovan v. Republic Western Insurance Company, the latest chapter in ... Continued
Where There’s Smoke, There May Not Be Fire: The Importance of Investigation and Communication by Insurers
A recent B.C. Supreme Court decision again highlights the need for insurers to undertake effective and fair investigations before denying a claim for coverage and ... Continued
New Innocent Co-Insured Provision of BC’s Insurance Act Now in Force
In our article “A Brave New World” we took you through the history of the Insurance Amendment Act, 2009 (the “Act”) and the expected changes ... Continued
Zippity Doo Da… What a Wonderful Waiver of Liability!
A local zipline operator (or at least their CGL insurer) is probably thanking their lawyers for doing such a good job drafting their wavier of ... Continued
Employee Injury and the CGL Policy
An important feature of CGL insurance is that it provides “litigation cost” coverage: if the lawsuit against the insured alleges claims which may possibly fall ... Continued
Damage Caused By Grow-Ops… Covered!
Hanlon v. ING Insurance Company of Canada, 2011 BCSC 73 An unsuspecting Salmon Arm resident, Ms. Hanlon, had the misfortune of renting her home (the ... Continued
So Long, Long v. Thiessen
On July 29, 2010, the BC Court of Appeal released its decision in Bradley v. Groves, which effectively brought to an end the approach to ... Continued
A Progressive End to Swagger: SCC Orders CGL Defence for Construction Defects & Damage
The Supreme Court of Canada has just issued a significant and comprehensive judgment on CGL coverage for construction deficiencies and resulting damage. In Progressive Homes ... Continued