• Modern Approaches to Old Remedies – Recent Developments in Relief Against Forfeiture

    Lindsay LLP, British Columbia, March 17, 2021 –Introduction Relief against forfeiture is a remedy in insurance coverage disputes that has existed for generations but has recently grown both in its prominence and application through a series of decisions of the Ontario Court of Appeal. It has now started to gain footholds in other jurisdictions across the country as well. If a policy...
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  • COVID-19 Insurance Claims Update – Webinar Recording

    Donati Maisonneuve, Lindsay LLP, McKercher LLP, SVR Lawyers, Alberta, British Columbia, Quebec, Saskatchewan, December 02, 2020 –COVID-19 has exposed us all to a lot of new challenges and risks. For insurers, those risks includes a number of new claims that have arisen directly from the pandemic. In this webinar, RMC lawyers from across Canada provide an update on three prevalent claims and the strategies insurers can use to defend them. Download...
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  • BCCA clarifies misrepresentation vs. omission in policy application appeal.

    Lindsay LLP, British Columbia, October 26, 2020 –In Nagy v. BCAA Insurance Corporation 2020 BCCA 270, a decision released this morning, the BCCA reversed a summary trial decision granting judgment to the insured and remanded the case back to the trial list. This case is relevant to anyone looking at coverage for first party losses and in particular where there are issues...
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  • Insufficient Coverage as Contemplated For in Contract

    Lindsay LLP, British Columbia, October 07, 2020 –Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company, 2020 ONCA 558 The appeal concerned a form of insurance commonly used in the construction industry whereby the policy permits a contractor to add the project owner as an additional insured under its liability insurance policy, to cover the owner’s liability “arising...
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