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
Crafty the Conman (to the tune of frosty the snowman)
(View our video to sing along!) Crafty the Conman, was a shifty, hapless soul. With a list of gripes and financial woes and a lifetime ... Continued
Reminder, Change is Afoot: Changes to Limitation Periods under the Insurance Act
Everyone is aware of the significant changes in BC’s (and Alberta’s) newly amended Insurance Act which came into force on July 1st of this year ... Continued
BC Court of Appeal narrows the test for coverage under an Additional Insured endorsement
On June 29, 2012, the BC Court of Appeal issued judgment in Vernon Vipers Hockey Club v. Canadian Recreation Excellence (Vernon) Corporation, 2012 BCCA 291 ... Continued
Reminder: New Insurance Act comes into force July 1, 2012!
We know that you are probably weary of this news already and promise that this will be the last time we bother you with it. ... Continued
Coverage for Construction Deficiencies: BCSC Examines the ‘Particular Part’ in the CGL Work Exclusion
In an April, 2012 ruling in Lombard General Insurance v. Canadian Surety Company, the British Columbia Supreme Court (“BCSC”) analyzed and applied the “particular part” ... Continued
New Limitation Act for British Columbia
British Columbia has introduced Bill 34 to replace the existing Limitation Act and streamline it with limitation periods in other provinces. It is not clear ... Continued
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