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
Let’s give them something to talk about: Government solicits input on the proposed Regulations under BC’s new Insurance Act
Lost amidst the hoopla(w) of Olympic fever the Ministry of Finance released the Insurance Act Regulations Discussion Paper seeking industry comment and input on the ... Continued
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