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  • Article

    Pedestrian Struck By Unknown Driver Must Prove He Is Entitled To Public Insurance

    When 14-year-old pedestrian Nigel Brown was struck by a hit-and-run driver, the last thing on his mind was his entitlement to insurance benefits.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Zip Line Operator Cannot Contract Out Of Responsibility For Motor Vehicle Crash

    The Plaintiff suffered serious injuries in a motor vehicle accident while returning to Whistler Village following a zip lining adventure with the Defendant.
    CanadaLitigation, Mediation & Arbitration
    Foster & Company
    Foster & Company
  • Article

    Aviva Forced To Defend Window Company For Defective Siding

    In 2006, Thomas and Catherine Cusack purchased siding for their house from Ultimate Windows Doors Ltd.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Plaintiff Denied A Pre-Trial Lost Income Award Due To Credibility Questions

    On August 28, 2008, Tammy Lee Arsenault was stopped at a yield sign when her car was hit from behind by a vehicle driven by Rachel Comeau.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Over-Reliance On Surveillance Footage Costs Disability Insurer $225,000

    Avelino Fernandes owned a brick laying business. As he was not able to receive EI or Worker’s Compensation benefits, Fernandes bought himself disability insurance.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Enormous Bad Faith Award Puts Long-Term Disability Insurers On Notice

    This recent judgment holds the long-term disability insurer Industrial Alliance Insurance to account for years of unfair treatment of its insured, Bruce Brine.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Parents Hurt While Vacationing With Son Are Covered Under His Car Insurance

    In the spring of 2006, Wade Drover and his wife Kerri went on a family vacation to Florida bringing their four children and Wade’s parents Clement and Eileen.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    University Student Considered An Insured "Dependent" Despite Living Away From Home

    Are university students truly independent of their parents? As much as they would like their parents to believe they are, when it comes to automobile insurance and SEF 44 contracts, these students may not be.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    No Licence? No Problem! Insurer Must Defend Driver Without A Licence

    This decision may force automobile insurance companies to insure clients who cause an accident while driving with a lapsed driver's licence.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Insurer Ordered To Defend Tae Kwon Do Club Against Student’s Injury Claim

    Here, an insurer attempted to deny coverage to a business for an injury claim made by a student hurt at a martial arts club.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Without Proof Of Driver’s Impairment, Plaintiff’s Insurer Is Ordered To Pay

    On the evening of November 7, 2012, Rosalind Conrad and her friend Kelly Rideout were taking in the uptown Saint John nightlife.
    CanadaInsurance
    Foster & Company
    Foster & Company
  • Article

    Lawyers Can Speak With Experts In Confidence About Draft Reports

    On November 12, 2005, Blake Moore lost control of his motorcycle, flying over the handle bars. Moore and his motorcycle hit a parked car.
    CanadaLitigation, Mediation & Arbitration
    Foster & Company
    Foster & Company
  • Article

    Police And Bus Driver Not To Blame For Greyhound Crash

    On December 23, 2000, then 21-year-old Shaun Davis boarded a Greyhound bus in northern Ontario heading east from Calgary to spend Christmas with family in Nova Scotia.
    CanadaLitigation, Mediation & Arbitration
    Foster & Company
    Foster & Company
  • Article

    Directors' Duties, Liabilities And Indemnities In Guernsey

    The advent of the solvency based approach to company activity in Guernsey brings into critical focus the scope and nature of the duties incumbent upon the directors of a Guernsey company.
    GuernseyWealth Management
    Carey Olsen
    Carey Olsen
  • Article

    Directors' Duties

    As a director of a company in any sector there are many commercial matters to think about. Whilst focussing on developing your business it is easy for the legal framework governing your duties as...
    United KingdomCorporate/Commercial Law
    Boyes Turner
    Boyes Turner
  • Article

    Second Circuit Reverses Class Certification Order, Holding That A Clearing Broker's Alleged Knowledge Of Fraud Against Shareholders, Absence Direct Involvement, Is Insufficient To Create A Duty Of Disclosure

    In Levitt v. J.P. Morgan Securities, Inc., No. 10-4596, 2013 WL 1007678, theUnited States Court of Appeals for the Second Circuit reversed a district court order certifying a class of shareholder fraud plaintiffs in a lawsuit against J.P. Morgan Securities, Inc. and J.P. Morgan Clearing Corporation.
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    The Rise Of ESG – Implications On The Duty To Act In The Best Interest Of The Company

    Under the laws of most jurisdictions, directors of a company are duty-bound to act in the best interest of the company. Traditionally, fulfilling this duty meant that directors would need to have regard...
    GlobalCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    The Essential Guide To Directors’ Powers, Duties And Obligations In The United Kingdom

    This Essential Guide concentrates on the powers, duties and obligations placed upon a director of a private limited company in the UK.
    United KingdomCorporate/Commercial Law
    Dechert
    Dechert
  • Article

    Key Considerations For Early-Stage Companies In The Alternative Protein Industry

    This article is the fourth in our series of alerts focused on the alternative protein industry. It explores legal considerations relevant to early-stage companies operating in the alternative protein space and, ...
    United KingdomCorporate/Commercial Law
    Morrison Foerster
    Morrison Foerster
  • Article

    Directors´ Duties – The Companies Act 2006

    New rules for directors come into force in October this year.
    United KingdomCorporate/Commercial Law
    Tods Murray LLP
    Tods Murray LLP

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