Car rental company’s policy applies in priority over employer’s non-owned policy in car accident injury case in BC

08. June 2021 0
Insurance law – Automobile insurance – Lessors and lessees – Priority coverage – Multiple policies – Owner – Obligation – Statutory provisions – Interpretation of policy Northbridge Insurance Corporation v. Trinidad Drilling Ltd., [2021] B.C.J. No. 956, 2021 BCSC 836, British Columbia Supreme Court, May 3, 2021, A.D. Francis J. After a collision by an ...

Having your cake but not eating it – how entitlement to future insurance benefits can lead to a big deduction from a trial award

13. October 2020 0
A plaintiff who established at trial that car accidents caused permanent disability and ongoing need for future care has a significant deduction made to her trial award for a portion of the future wage loss and medical benefits that she was entitled to receive from the insurer Insurance law – Automobile insurance – Statutory Accident ...

Consider the words of the claim when contemplating coverage

13. October 2020 0
Where the only claim set out in a Statement of Claim is for an excluded loss, the insurer does not have a duty to defend Insurance law – Commercial general liability insurance – Duty to defend – Exclusions – Contra proferentum rule – Interpretation of policy – Insurer – Rights, duties and liabilities – Practice ...

While an acid spill may destroy hundreds of vehicles, it does not follow that hundreds of subrogation claims are necessary or desirable

09. June 2020 0
Insurance law – Automobile insurance – Actions – Subrogation – Right of insurer to subrogation – Practice – Summary judgments Insurance Corp. of British Columbia v. Teck Metals Ltd., [2020] B.C.J. No. 295, 2020 BCSC 259, British Columbia Supreme Court, February 26, 2020, W.P. Riley J. The plaintiff insurers applied for an order allowing each ...

Insurers – Be sure of the policy terms before denying coverage

09. June 2020 0
Insurance law – Commercial general liability insurance – Property damage – Interpretation of policy – Exclusions – Excess liability – Practice – Appeal – Summary judgments Community Electric Ltd. v. Royal & Sun Alliance Insurance Company of Canada, [2020] S.J. No. 53, 2020 SKCA 17, Saskatchewan Court of Appeal, February 21, 2020, R.K. Ottenbreit, L.M. ...