• Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

    Cox & Palmer, New Brunswick, January 26, 2023 –After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva. The plaintiff received these benefits for 104 weeks. She was subsequently cleared to return to work and did so for the following 13 months, before she...
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  • Facing Future Care, Capacity and Earning Claims – Webinar Recording

    CBM LLP, Cox & Palmer, Kelly Santini LLP, Alberta, New Brunswick, Ontario, November 16, 2022 –Disagreements over future earnings, future capacity and future cost of case can be major stumbling blocks when trying to settle a claim. In the webinar for insurance claims handlers and adjusters, RMC lawyers from New Brunswick, Ontario and Alberta discuss the principles used to assess these claims, recent trends in awards from the courts and...
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  • Good Strategies for Bad Faith and Moral Damages Claims – Webinar Recording

    Blaney McMurtry LLP, Cox & Palmer, McKercher LLP, Newfoundland & Labrador, Ontario, Saskatchewan, October 20, 2022 –RMC – Bad Faith and Moral Damages Claims Hand-Out Recorded October 19, 2022 Accusations of Bad Faith can arise in many different types of insurance claims. Sometimes, insurance claims handlers and adjusters can find themselves dealing with claims for punitive damages or moral damages made against themselves or their insured. In this webinar, insurance lawyers...
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  • Waivers and Assumption of Risk No Defence to Fatal Accidents Act Claims in PEI

    Cox & Palmer, Prince Edward Island, July 14, 2022 –The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the...
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