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
Appellate Courts: Not Settled on the “Settlement Clause”
In 2006 Kelowna homeowners, Mr. Buchanan and Ms. Grace (the “Owners”), discovered a leaking public water valve near their property. The District repaired the valve ... Continued
Songs of Innocence: Broker’s Liability to an Innocent Co-Insured
In November 2007 Richard Beck killed his estranged wife, Karen Beck, and set fire to the family home where he had been residing alone since ... Continued
BC Supreme Court issues controversial strata property insurance ruling
BC’s Strata Property Act, which governs condominiums in that Province, makes it mandatory for each strata corporation to obtain $2,000,000.00 of property damage and bodily ... Continued
Chain Gang or Chain of Causation: Do injuries sustained in a purse snatching arise out of the ‘use and operation of a motor vehicle’?
This is the question the Court of Appeal addressed in the recent decision of Hannah v. I.C.B.C. 2010 BCCA 141 (“Hannah”). In Hannah, the Plaintiff ... Continued