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  • Court Rules Owner Dragged Beside Vehicle Not An Occupant

    November 23, 2022 – In D’Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the “Insured”) coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen. The Insured was injured when she attempted to stop...
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  • Auto Insurance: Interpretation of QEF-27 Clarified by the Court of Appeal

    November 23, 2022 – In reversing a judgment rendered by the Court of Quebec, the Court of Appeal recently ruled on the scope of QEF-27—a standard endorsement contained in Quebec auto insurance policies. In this decision, the meaning of the “financial consequences” covered by the endorsement was analyzed. The appellant, Transport Kahkashan Inc. (“TKI”), subcontracted the delivery of goods...
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  • When “Form” Doesn’t “Follow”: The Complex Dynamic of Primary and Excess “Follow Form” Insurance Policies

    November 23, 2022 – When it comes to civil liability insurance, it’s not uncommon for a primary insurance policy to cover a certain amount, and for any amounts claimed in excess of the primary insurance policy limit to be covered by what is known as an excess insurance policy, until that policy’s limit has been reached. In fact, multiple...
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  • Insurance Policies and Nominees – A Potentially Costly Risk

    October 24, 2022 – There are a number of situations which might involve the use of a nominee, such as concealing the identity of a building’s true owner. However, the use of a nominee for this purpose is not without certain risks, especially regarding matters of home insurance. The Decision The recent decision rendered by the Superior Court in...
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