Ruling on All-Risk Property Policy Highlights Importance of Clear Policy Language
On January 18, 2010, a three panel bench of the Alberta Court of Appeal delivered a unanimous dismissal of an insurer’s appeal in Engle Estate ... Continued
Crying Over Spilt Ammonia: Insured Denied Coverage Under All-Risk Property & Warehouseman Liability Policy
The recent BC Supreme Court decision in Versacold Corp. v. Zurich Insurance Co. highlights an ambiguity created by common exceptions to policy exclusions. Insurance policies ... Continued
Christmas Came Early for Alberta and Nova Scotia Insurers
On December 15, 2009, the Nova Scotia Court of Appeal dismissed an appeal from a trial court’s decision that upheld the 2003 Nova Scotia legislation ... Continued
Swimming in a Serbonian Bog: the SCC Revisits the Meaning of ‘Accident’
In the just released Supreme Court of Canada (“SCC”) decision in Co-Operators Life Insurance Co. v. Gibbens, Mr. Justice Binnie used this obscure metaphor to ... Continued
The Adjuster Who Denied Christmas
Every Elf in North Pole-ville Liked Insurance a lot, But the Adjuster who worked there certainly did Not! Each Elf was insured from tip of ... Continued
Mummy: You Can’t Sign Away My Right to Sue
The BC Supreme Court delivered an unprecedented decision this month that a parent did not have the right to waive her child’s right to sue ... Continued
It’s Curtain Time Again: The Insurance Amendment Act Re-introduced
It was fully six years ago when the Supreme Court of Canada in KP Pacific Holdings Ltd. v. Guardian Insurance [2003] 1 S.C.R. 433 declared ... Continued
Who Appoints Counsel in Mixed Coverage Claims? Ontario Superior Court Revisits the Issue
Liability insurance lawsuits involving mixed coverage claims – that is, claims with elements inside and outside coverage – typically focus on the insurer’s duty to ... Continued
Property Management Agreement Determines Benefit of Liability Coverage
Disputes between lessors and lessees over risk allocation for property damage or third party liability have been much litigated in Canadian courts. Less scrutinized has ... Continued
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
On June 24, 2006, the defendant, a suburban mother residing north of Seattle, lent her vehicle to a friend of her 15 year old daughter ... Continued
Blackouts Spark Debate of All Risks Policies
A massive blackout hit Eastern Canada and parts of the United States in August 2003. For food processors the interruption in the supply of electricity ... Continued