A Note about Notice under the Insurance Act
We have previously written about the “new” BC Insurance Act and Insurance Regulation (the “BC Insurance Act“) which came into force on July 1, 2012 ... Continued
BC Court of Appeal Addresses Motor Vehicle Lessor Liability Cap
Last month, the Court of Appeal released an important judgment concerning the liability limit of motor vehicle lessors for accidents involving their lessees or drivers ... Continued
BC Supreme Court Addresses Interesting and Novel COC Policy Issues
In the recently decided case of Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co., the BC Supreme Court addressed some interesting and ... Continued
Distinction Between Substantive v. Procedural Law Determines Applicability of No Fault Auto Insurance Scheme
In Ngo v. Luong, 2014 BCSC 516, the Supreme Court of British Columbia considered whether Saskatchewan’s Automobile Accident Insurance Act, R.S.S. 1978, c. A-35 (AAIA), ... Continued
Insurers Take Note – No Discount on Discount Rates
Pursuant to our Insurable Interest bulletin of May 2, 2013 advising that the discount rate was being reviewed, the Chief Justice has lowered the discount ... Continued
Supreme Court of Canada Clarifies Requirements for Certification of Class Actions
The Supreme Court of Canada released reasons for judgment in three cases on October 31, 2013: Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57 ... Continued
SCC Refuses Leave to Appeal D&O Coverage Case
The Supreme Court of Canada recently refused leave to appeal the decision in Onex Corporation et al. v. American Home Assurance Company et al, 2013 ... Continued
When It Comes To Defence Costs, First Layer Is Usually The Payer
In a world of increasing business risks, insureds often purchase one or more layers of excess coverage to secure additional protection from the unknown. Such ... Continued
Duty to Defend: Who is “you”?
In Dominion of Canada General Insurance v. Hannam, 2013, NLCA 37, the Newfoundland Court of Appeal has issued another reminder to the insurance industry that ... Continued
Discounts Rates Going Down, Damage Awards Going Up!
Discount rates are used to calculate the present day value of a loss of future income or cost of future care that is awarded as ... Continued
Beware the Ides of March: Insurers Get Hammered with Bad Faith Punitive Damages!
Historically, nasty things happen in the middle of March and this year is no exception. On March 21 and 22, 2013, respectively: The Saskatchewan Court ... Continued
Tort Immunity Arising from Covenants to Insure: The BC Court of Appeal Confirms Bar to Subrogated Claims
The BC Court of Appeal handed down reasons for judgment yesterday (January 9, 2013) in the most recent case related to covenants to insure: Kruger ... Continued