Insurable Interest Archives - Page 4 of 8

Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar makes for Interesting Application of the Corporate Identification Doctrine and New Law on Insurance Covenants

Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway exploded in the early morning hours of February 13, 2008. That ... Continued

Articles November 8, 2016

SCC Sets The Boundary Between Faulty Workmanship and Resulting Damage

The SCC has overturned the Alberta Court of Appeal judgment in its much anticipated consideration of Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2016 ... Continued

Articles October 20, 2016

Insurers Take Note: Special Costs Awarded for Coverage Denial Despite No Reprehensible Conduct

For the first time in BC, a Court has decided that an insured is entitled to special costs, rather than the lower tariff costs, solely ... Continued

Articles October 4, 2016

Insurers with a “Direct Interest” may Join the Party

The BC Supreme Court’s recent decision in MacPherson v White, 2016 BCSC 1151 establishes that an insurer can successfully apply to be added as a ... Continued

Articles September 19, 2016

Weeding out when a Homeowner Insured may be Entitled to Coverage

The recent case of Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422 demonstrates that a homeowner can have insurance coverage ... Continued

Articles August 9, 2016

Punitive Damage Award of $350,000 Made Against ICBC for Malicious Prosecution

In a recent BCSC decision ICBC was found guilty of malicious prosecution after ICBC wrongfully accused a new immigrant of making fraudulent insurance claims. The ... Continued

Articles March 30, 2016

Nothing but the kitchen sink: tort immunity and covenants to insure

In its recent decision in William Osler Health Centre v. Compass Construction et al., 2015 ONSC 3959, the Ontario Superior Court of Justice considered the ... Continued

Articles December 18, 2015

The Pollution Exclusion – Focus On Causation

In its recent ruling in Precision Plating Ltd v Axa Pacific Insurance Co. (“Precision Plating“), the BC Court of Appeal considered when a pollution exclusion ... Continued

Articles September 10, 2015

Judicial Review: Umpire’s Decision Upheld

In the recent judgment of Vandale v. Wawanesa Mutual Insurance, the British Columbia Supreme Court was asked to judicially review the decision of an umpire, ... Continued

Articles July 24, 2015

Negligent Acts During Policy Period but Resultant Damage After: When did the “Accident” Occur?

In a judgment released in May 2015 in Canadian Northern Shield Insurance Company v. Intact Insurance Company, the BC Supreme Court decided whether an insurer had ... Continued

Articles June 25, 2015

Alberta Court of Appeal Explores Boundary Between Faulty Workmanship and Resulting Damage

In the recent case of Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, the Alberta Court of Appeal was asked to decide whether a construction ... Continued

Articles May 28, 2015

Defendant Home Warranty Insurer Need Not Pay Claim Before Issuing Third Party Notice Against Those Responsible for Damage

A recent BC Supreme Court decision in The Owners, Strata Plan 4249 v. Travelers Insurance Company of Canada confirms that an insurer defending itself in ... Continued

Articles April 20, 2015