Publications

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  • Brokers beware: breach of duty to inquire may result in significant liability

    Cox & Palmer, Nova Scotia, February 24, 2014 – – Keizer v. Portage LaPrairie Mutual Insurance Co., 2013 NSSC 118. Keizer was a carpenter by trade. In 2008, he decided to begin doing carpentry and furniture repair work in a woodworking shop he set up in his garage, which was heated by a wood stove. He informed his insurance broker, Founders, of these intentions....
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  • Court of Appeal affirms major decision in favour of disability insurer

    Cox & Palmer, Nova Scotia, February 24, 2014 – – Walsh v. Unum Provident, 2013 NSCA 12. Unum, the insurer, and its predecessors provided disability coverage to Walsh, dating back to 1993. In 2000, a claim for “major depression disorder” was filed and, for a time, honoured. Unum then questioned Walsh’s ongoing disability and stopped paying. Walsh commenced action against Unum. In preparing for...
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  • Court comments on requirements for approval of settlement offer under Rule 7.08, sealing order and parameters for contingency fee agreements

    Cox & Palmer, Prince Edward Island, February 24, 2014 – – Wood (Litigation guardian of) v. Wood, 2013 PESC 11. The plaintiff was a minor when she suffered a brain injury in an MVA. The parties reached a settlement by mediation and the plaintiff’s litigation guardian sought court approval of the settlement. The settlement was approved, however a sealing order and solicitor-client costs remained outstanding....
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  • How does settlement privilege affect Pierringer Agreements?

    Cox & Palmer, February 24, 2014 – – Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37. The plaintiff filed a claim against a number of defendants, when paint used on offshore structures failed to prevent corrosion. The plaintiff entered into Pierringer Agreements with some of the defendants, permitting them to withdraw from the litigation upon settlement, but allowed the...
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