When a stationary vehicle is hit by another vehicle, that damage is caused by a collision and is covered by collision coverage under the British Columbia Automobile legislation. ICBC v. Farmer, [2007] B.C.J. No. 2379, British Columbia Supreme Court, E.M. Myers J., October 11, 2007
Failure to disclose a potential claim constitutes a material non-disclosure in an application for insurance in an errors and omissions insurance policy. Agresso Corp. v. Temple Insurance Co., [2007] B.C.J. No. 2466, British Columbia Court of Appeal, L.S.G. Finch C.J.B.C., C.A. Ryan and I.T. Donald JJ.A., November 21, 2007
A commercial general liability policy may include coverage for materials constructed by a sub-contractor. This is more likely if the product supplied by the subcontractor is inextricable linked to the building such that it cannot be removed without destroying the building. Axa Insurance (Canada) v. Ani-Wall Concrete Forming Inc., [2007] O.J. No. 3989, Ontario Superier ...
Statements of a co-Defendant produced to a Plaintiff will waive privilege over both the statements and the other relevant documents dealing with the subject matter of the statements. Huntley v. Larkin, 2007 NSSC 297, Nova Scotia Supreme Court, A.W.D. Pickup J., October 16, 2007
Generally a lawyer owes a client a duty of both confidentiality and loyalty. However, a lawyer also has a right to transfer to another law firm, assuming that appropriate measures are taken to ensure that the lawyer’s duties of confidentiality and loyalty are preserved. A recent case that Terry Robertson, Q.C. and I argued, Slater Vecchio ...
In British Columbia an insured is entitled to $1,000,000.00 of uninsured motorist protection. In an action commenced under the Family Compensation Act, the total entitlement to uninsured motorist benefits remains at $1,000,000.00, despite the fact that there may be more than one insured entitled to damages in the action. Lougheed v. Co-operators General Insurance Co., 2007 ...
When a number of Insureds sought to recover under the terms of a Family Protection Coverage Endorsement (“FPCE”), additional coverage for injuries caused by uninsured motorists, the fact that an eligible Insured as defined in the endorsement is jointly liable with the uninsured motorist, does not affect other eligible Insureds’ entitlement to claim under the ...
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle. ...
When an Insured seeks to recover damages in respect of bodily injury to or death of an Insured arising directly or indirectly from a tortfeasor’s use or operation of a motor vehicle, the claim must arise through an unbroken chain of causation from the ownership or from the use or operation of a motor vehicle. ...
Ontario’s “no-fault” regime prohibits all tort actions against a negligent party for recovery of property damage. This prohibition applies not only to claims of individuals, but also to subrogated claims brought by insurers. Clarendon National Insurance v. Candow, 2007 ONCA 680, Ontario Court of Appeal, J.C. MacPherson, R.J. Sharpe and R.G. Juriansz JJ.A., October 5, 2007
