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  • Article

    A Coverage ‘Thrilla' In Manila – Court Finds Underinsured Endorsement Provides Worldwide Coverage

    A recent decision of the Alberta Court of Queen's Bench demonstrates that policy holders must carefully consider the interplay between an insurance policy and its endorsements.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Action For Underinsurance Coverage Dismissed Where Insured Settled Florida Action For Less Than Available Limits

    In a recently reported case, Kovacevic et al. v ING Insurance Company of Canada et al., 2015 ONSC 3415, the court has ruled that an insured may not settle an action for less than the tortfeasor's available policy limits and then bring an action against their own automobile insurer for underinsurance coverage.
    CanadaInsurance
    Miller Thomson
Miller Thomson
  • Article

    Buyer’s Remorse Does Not Allow Plaintiff To Avoid Mediated Settlement

    The plaintiff commenced an action against Sun Life seeking payment of LTD benefits. The action was settled at mediation.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Case Comment – Heffernan Estate v. Lloyd's Canada

    Heffernan was involved in a boating accident while his blood alcohol level was well above the legal limit. Heffernan was killed in the accident and his passenger sued his estate.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Court Directs That Additional Oral Evidence Be Adduced On Summary Judgment Motion In Fire Loss Product Liability Claim

    In the recent decision of St. Clair Boating v Michigan Electric Supply 2017 ONSC 3864, the Court dealt with a motion for summary judgment on a fire loss claim brought by the defendants.
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Crime And Punishment - Punitive Damages Allowed Despite Criminal Sanctions

    The recent Alberta Provincial Court decision of Industrial Alliance Insurance and Financial Services Inc. v Sheret will be of interest to those considering a claim for punitive damages despite prior successful criminal sanctions against a defendant.
    CanadaInsurance
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Days May Be Numbered For The Material Contribution Causation Test

    Arbitrator John Wilson has released a decision casting doubt on the appropriateness of the prevalent use of the material contribution test for causation in accident benefit matters.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Developments In Cyber Risk

    Emerging issues include coaching and threat response, and a developing body of case law deals with liability for cyber breaches, in addition to drafting and interpretation of cyber risk policies and exclusions.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Don't Get Caught Napping - Limitation Periods And Misnomer

    Two recent Ontario decisions demonstrate the importance of investigating potential limitation period issues early and taking action from the outset.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Going For Broke(er): A Broker's Obligation To Disclose The Limits Of Its Expertise

    In 2049390 Ontario Inc. v. Leung, 2018 ONSC 5759, the Ontario Superior Court of Justice considered whether or not a broker owes a duty to advise their clients to obtain an estimate of the cost of reconstruction ...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Video

    Insurance Claims, Court Procedures & Trials - What To Expect In 2022 (Video)

    Over the past two years, claims handlers have been presented with all sorts of unexpected challenges and changes. What lies in store for the industry in 2022?
    CanadaInsurance
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    More Limitation Period Success

    The Court of Appeal has once again confirmed an insurers' right to the predictability of the two year limitation period in Bonaccorso v. Optimum Insurance Company Inc., 2016 ONCA 34.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    No Duty To Defend When Negligent Acts Within A Policy Period Cause Damage Outside The Policy Period

    The issue was whether the common words "accident" and "occurrence" in the Intact policy required that some resulting damage occur during the policy period for a duty to defend to be triggered.
    CanadaInsurance
    Gowling WLG
    Gowling WLG
  • Article

    Plaintiff Recovery Limited When Contributorily Negligent

    The Nova Scotia Supreme Court recently reaffirmed the law that, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually.
    CanadaInsurance
    Cox & Palmer
    Cox & Palmer
  • Article

    Self-Represented Litigant Ordered To Pay Double Costs To Insurer

    Most Insurers are aware of the higher costs associated with litigation where the opposing party is self-represented.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Step By Step Appraisals – The New Kid On The Block

    The Ontario Court of Appeal has ruled in Truscott v Co-operators General Insurance Company, 2023 ONCA 267, that the appraisal process under Ontario's Insurance Act may be iterative.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Successful Settlement Agreement Enforced

    The defendants successfully brought a motion to enforce a settlement agreement in a personal injury action.
    CanadaInsurance
    Cox & Palmer
    Cox & Palmer
  • Article

    The AB Alphabet Soup's New Letters - SLASTO And LAT

    The Ontario Government, in their quest to reduce automobile insurance premiums, announced substantive and procedural changes to the accident benefits world that will be taking effect soon.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Alberta Court Of Appeal Clarifies Limitation Period For Patent Infringement Claims

    The Alberta Court of Appeal has clarified the applicable limitation period for patent infringement claims commenced in Alberta courts in its recent decision...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Anne With An ‘E', Discovery Plans With A ‘P'

    In 2010, the Ontario Courts introduced discovery plans into civil litigation proceedings. Rule 29.1 of the Rules of Civil Procedure requires that parties agree to a discovery plan ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Showing 961–980 of 14422 results

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