The court upheld an arbitrator’s decision finding that the First Insurer was not entitled to any extension of the 90-day period within which it was required to notify other insurers of any dispute over priority for payment of accident benefits to an injured cyclist. Cary Schneider wrote an interesting article on the importance of limitation ...
An insured brought an application to determine whether they were entitled to coverage under their insurance policy for consequential damages for a claim that was settled at mediation. In addition to the consequential damages, there were other significant issues related to the availability of insurance to various insureds under the builder’s risk policy. The Court determined ...
A man shot and killed his son and then himself while seated in his pick-up truck. His automobile Insurer was successful on appeal in obtaining a declaration that it did not have any duty to defend the deceased Insured’s estate or to provide indemnity with respect to a claim brought against the Insured’s estate as a ...
The Saskatchewan Court of Appeal overturned the chambers judge’s decision that although proposed amendments to the statement of claim were outside the limitation period, they should nonetheless be allowed pursuant to section 20 of Saskatchewan’s Limitation Act which provides an exception to the normal limitation periods. Essentially the plaintiff attempted to substantially alter his statement of ...
When a father purchases automobile insurance for himself and his children, the father is entitled to notice when the insurance on any of the vehicles is cancelled. In this case, the child failed to provide a mechanical inspection report requested by the insurer and was notified that the insurance was cancelled. Since the father was ...
A “mechanical or electrical breakdown or derangement” exclusion in an insurance policy refers to an internal problem or defect in a machine, not an external interruption in the machine’s power supply. As such damage resulting from a loss of power was covered by the CGL policy. The trial judge noted that the equipment did not stop ...
In deducting no-fault accident benefits from a tort award in a motor vehicle case, a trial judge must estimate the future value of the benefits based on evidence, and not on representations by trial counsel. In this case, counsel argued that ICBC would provide future payment of benefits, but there was no evidence led on ...
A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid to settle third party injury claims. Cowichan Bay Contractors Ltd. v. ICBC., April 21, 2008, British Columbia Supreme Court, Macaulay J.
An application by the executor to have a beneficiary designation under a life insurance policy varied pursuant to the Saskatchewan Insurance Act was allowed changing the beneficiaries from the children of the deceased into the estate of the deceased. Re: Buckmeyer Estate, April 9, 2008, Saskatchewan Queen’s Bench, Ottenbreit J.
