Knowledge Centre

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Legislation Protecting Innocent Co-Insureds Is Now a Reality in New Brunswick

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017.  The amendments were proposed in order to prevent insurance companies from denying coverage to … Read more »

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No Coverage for Passenger of Vehicle Driven Without Consent

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Ashley Cardinal, the Insured, was injured while riding as a passenger in an automobile driven without the consent of the owner. The Insured’s mother had an SPF No.1 policy issued by Alberta Motor Association Insurance Company, the Insurer, containing an … Read more »

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Plaintiff Fails to Prove Vehicle Damaged During Theft

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

The Plaintiff brought an action against his insurer alleging his stolen vehicle should have been declared a total loss as a result of its condition following its theft. The Plaintiff further argued the insurer acted in bad faith due to … Read more »

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True Strangers to a Claim cannot be added to an Action after the Expiry of the Limitation Period

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

This matter arises from an investment in a $9 million syndicated mortgage loan arranged and administered by the Defendant. Each investor entered into a trust agreement with the Defendant. The claim alleged the Defendant misappropriated trust funds by improperly deducting … Read more »

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Exclusion for the insured’s work: the court finds the exclusion clause clear

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: Vincent Lemay
CATEGORIES:Articles, Knowledge Centre

In a recent case, the Court of Quebec had to interpret one of the typical exclusion clauses found in commercial general liability policies, namely, the clause about work performed by the insured. Read more

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The insurer’s computerized investigation file is protected by litigation privilege

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: Catherine Pilote-Coulombe
CATEGORIES:Articles, Knowledge Centre

On November 6, 2017, the Superior Court rendered a judgment on the question of litigation privilege as it relates to the insurer’s computerized investigation file in Fiset-Trudeau v. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071. The case involved an insured who was … Read more »

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The Clash Between Technology and Privacy: Emerging Risks for Insurers

FIRM:Blaney McMurty LLP
DATE:March 2018
AUTHOR: David Mackenzie
CATEGORIES:Articles, Knowledge Centre

Innovative new applications, rapidly increasing computing power, and faster communication between computers, devices and sensors are having the effect of quickly eroding individual privacy. People have increasingly lost their ability to determine and regulate their own individual zone of personal … Read more »

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Court Exercises their Discretion with Extension of Time for Service

FIRM:CBM Lawyers
DATE:March 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

This matter arises from a rear-end collision on May 30, 2014. The Plaintiff’s property claim was settled by the Defendant’s insurer and her personal injury claim was filed April 21, 2016.The claim was not served within one year of filing … Read more »

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As elder abuse claims rise, so does importance of institutional liability coverage

FIRM:Blaney McMurty LLP
DATE:March 2018
AUTHOR: Dominic Clarke
CATEGORIES:Articles, Knowledge Centre

Individuals of prominence and power across all industries and institutions have recently been thrust into the spotlight by claimants claiming to have been sexually abused. While the public nature and sheer number of allegations being brought today against movie directors, actors, sports doctors and … Read more »

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Group Insurance – Rider – Exclusion Clause – Member of a Group Insurance Policy Cannot be Denied due to a Rider Added After his Reimbursement Request

FIRM:Donati Maisonneuve
DATE:March 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Villeneuve v. SSQ Groupe financier, 2017 QCCQ 7893 Alexandre Villeneuve (“Villeneuve”) claimed $12,737.50 from his insurer, SSQ Groupe financier (“SSQ”) as reimbursement for dental treatments and damages. The Facts Villeneuve is a Promutuel employee. In that capacity, he is a member of an … Read more »

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