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Abusive Conduct – Refusal to Indemnify – Credit Insurance – The Burden of Proving the Insured’s Failure to Comply with its Duty to Disclose Information is not Met

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Groupe Anderson Inc. v. Euler Hermes Canada, 2017 QCCS 4509 Groupe Anderson Inc. (“Anderson”) claimed $151,383 from its credit insurer (“Euler” or “the insurer”) for insurance indemnities and extrajudicial fees. Read more

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General Contractor Sued for Defective Work – Wellington Motion – The Insurer’s Obligation to Take up the Defence – Interpretation of “Material Damage” – The Insurer does not Lose its Right to Hire a Lawyer of its own Choosing

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Ferme des Trois Montagnes (2015) v. Constructions GSL Inc., 2017 QCCQ 10721 In the framework of a dispute between Ferme des Trois Montagnes (“The Farm”) and Constructions GSL (“GSL”), the latter party’s insurer, Promutuel, denied coverage and refused to take up its client’s … Read more »

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Fire and Wire: Canadian Business Interruption Insurance in the Age of Cyber-Risk and Climate Change

FIRM:Blaney McMurty LLP
DATE:April 2018
AUTHOR: Dominic T. Clarke and David R. Mackenzie
CATEGORIES:Articles, Knowledge Centre

Dominic T. Clarke and David R. Mackenzie of Blaney McMurtry LLP write about the emerging risks that insurance companies and policyholders in Canada face as a result of cyber losses and climate change. Read more

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I Can’t Get No Subrogation

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:April 2018
AUTHOR: Shawn O'Connor and Hamish Mills-McEwan
CATEGORIES:Articles, Knowledge Centre

In Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192, the Court found that an insurer could not pursue a subrogated claim in the name of its bankrupt insured unless it obtained a court order authorizing the action in its own name … Read more »

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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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