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New Brunswick Court of Appeal Challenges Appellate Jurisprudence Respecting Underinsured Endorsement Benefits (Economical Mutual Insurance Co. v. Lapalme, 2010 NBCA 87

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:February 2011
AUTHOR: Amanda Evans
CATEGORIES:Articles, General, Knowledge Centre

In Economical Mutual Insurance Co. v. Lapalme, the New Brunswick Court of Appeal addressed the issue of the deductibility of Canada Pension Plan disability benefits under the equivalent of the standard SEF 44 Endorsement.  The Court narrowly interpreted the Supreme Court of Canada decision in Somersall v. Friedman with respect to the relevant date for quantification of benefits payable, finding that while the date of accident is the relevant date for determination of the legal entitlement to recover against an underinsured motorist, the relevant date for quantification of that entitlement is the date of adjudication of the claim.  This finding challenges decisions of both the Nova Scotia Court of Appeal (Campbell-MacIsaac v. Deveaux) and the Prince Edward Island Court of Appeal (MacNeill v. Co-operators).

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Absolute Discharge and the Insured’s Duty to Declare

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2011
AUTHOR: Pascale Caron
CATEGORIES:Articles, General

The Superior Court accepted the motion for dismissal under Art 54.1 C.C.P. filed by an insurer against an action in damages by an applicant accusing it of having considered charges and guilty pleas that had been the subject of an absolute discharge.

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The Duty to Defend

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:January 2008
CATEGORIES:Articles, Coverage

The issue of the insurer’s obligation to defend has raised numerous debates in the jurisprudence over the past few years. Recently, the Court of Appeal of Quebec in Groupe DMR Inc. v. Kansa General International Insurance Company Ltd, AZ-50488250 revisited … Read more »

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Can an Insurer Who Has Agreed to Defend Later Deny a Duty to Defend ?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2008
AUTHOR: Allison J. Klymyshyn
CATEGORIES:Articles, Coverage

The recent decision of Mr. Justice Keith A. Hoilett in Economical Insurance Company of Canada v. Fleming, [2008] I.L.R. I-4673, 57 C.C.L.I. (4th) 246, 89 O.R. (3d) 68 (Ont.S.C.J.) is one that all insurance defence counsel should read. The decision … Read more »

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