Archives

October 17, 2023 – In Pederson v. Allstate Insurance Company of Canada, 2023 ABKB 198, the plaintiff was injured in a rear-end motor vehicle accident, where the negligent operator fled the scene. The owner defendant alleged the vehicle was stolen prior to the accident (the “defendant”). Ultimately, the defendant’s insurance company, Allstate, denied coverage following a determination that the...

October 17, 2023 – Kelly Santini’s Mitchell Kitagawa and Tor Potter recently achieved a successful result in a complicated insurance defence matter. Mitch and Tor represented a landlord that was being sued by a tenant who slipped and fell on ice at the front step of their row house. The lease stated that the tenant was responsible for snow removal from the front...

October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...

August 29, 2023 – Pursuant to Statutory Condition 11, certain questions related to valuation in a first party claim may be addressed through “dispute resolution” (formerly known as “appraisal”).  This article examines a number of recent Manitoba decisions which may be of interest, including a decision which considers the interplay between dispute resolution and limitation periods and decisions which...