Archives

July 26, 2023 – Betterment, ACV, and depreciation are important considerations in resolving a first party claim.  The question we often see on the subrogation side of claims is whether a party must accept an ACV settlement on the tort claim, and whether claimants can be forced to take reductions for betterment and depreciation. What comes as a surprise...

May 25, 2023 – Since most civil dispute cases are settled before they ever go to trial, understanding the settlement process is crucial for everyone involved. By having a deep understanding of how the settlement process works, parties can engage in effective negotiations and reach mutually agreeable resolutions, without the need for costly and time-consuming litigation. But what happens...

April 25, 2023 – The concept of insurable interest forms part of the precontractual aspects of the policy, in that it is essential to the very existence of the policy. Without an insurable interest, the policy simply cannot exist. It is precisely in the field of hypothecary claims and taking-in-payment that an aspect of insurable interest stood out most...

March 28, 2023 – In June 2014, a fire broke out at the mobile home of Christine McKnight (the “Insured”). Her insurer, Promutuel Assurance Boréale (the “Insurer”), denied her claim and refused to compensate her, stating that it believed the Insured had intentionally caused the fire herself. The trial judge partially granted the Insured’s claim against the Insurer, deeming...