Successful appeal by the Insurer from a decision of the trial judge finding that the estate of the deceased Insured was entitled to payment of $115,000 USD under a travel insurance policy purchased by the Insured prior to her death. The insured was an alcoholic who did not disclose her alcoholism as a relevant health ...
The Insurer successfully appealed a decision of the trial court finding that the Insurer had a duty to defend the Insured under a professional liability insurance policy. The trial judge determined that the insurer had a duty to provide coverage to their insured for a claim, when the insured provided the insurer with notice that ...
A person injured in British Columbia and insured through an out of province automobile insurance policy may be entitled to British Columbia’s statutory accident benefits. The key issue in determining the extent of benefits available to an insured will be whether the insurance company is a signatory to the Power of Attorney Undertakings – often ...
The Court of Appeal held that where an Insured was convicted of criminal negligence causing harm, the exclusion in the homeowners policy for damages caused by intentional or criminal acts applied even without proof of intention to cause the injury or damage, so long as the act or omission that caused the harm was criminal ...
Successful appeal by the Insured from a decision of the trial judge finding that he was not entitled to long-term disability (“LTD”) benefits from the Insurer because he had elected to proceed with a civil action. Richer v. Manulife Financial, [2007] O.J. No. 110, Ontario Court of Appeal, S. Borins, J.C. MacPherson and R.G. Juriansz ...
The Plaintiffs were granted summary judgment pursuant to s. 132 of the Insurance Act against the Insurer who denied coverage under a CGL policy for a claim against a general contractor who was found to have supplied a defective dewatering system which caused damage to property owned by third parties. York Region Condominium Corp. No. ...
Causation in medical malpractice cases is rarely straightforward and typically requires specialists to comment on current medical issues and research. This is a paper that summarizes the law on causation in British Columbia for medical malpractice issues. It covers the following issues: an overview of general principles, the “but for” test, the limitations of the ...
People injured in automobile accidents in British Columbia generally receive some type of insurance benefits. In addition, they may sue and seek compensation from negligent parties. Section 25 of the Insurance (Motor Vehicle) Act ensures that insurance benefits are deducted from damages recovered from negligent parties. I recently spoke at a conference for the Trial ...
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The Court held that an alarm warranty in an Interim Binder was not enforceable against the Insured. 0712914 B.C. Ltd. v. Aviva Insurance Co. of Canada, [2007] B.C.J. No. 205, British Columbia Supreme Court, Fisher J., February 2, 2007
