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February 24, 2014 – Termination of an insurance contract typically occurs in one of three circumstances: by natural expiry of the time period specified in the contract, by mutual agreement between insurer and insured, or by unilateral procedure of the insurer. The last of these circumstances may become contentious with an insured, especially when an insured has to find...
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February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...
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February 24, 2014 – – Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. Travelers denied that it was obligated to respond under the insurance policy on the basis...
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February 24, 2014 – – Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37. The plaintiff filed a claim against a number of defendants, when paint used on offshore structures failed to prevent corrosion. The plaintiff entered into Pierringer Agreements with some of the defendants, permitting them to withdraw from the litigation upon settlement, but allowed the...