Publications

Cox & Palmer, Nova Scotia, February 24, 2014 – – Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. Travelers denied that it was obligated to respond under the insurance policy on the basis...

Cox & Palmer, Nova Scotia, February 24, 2014 – – Hayward v. Young, 2013 NSCA 64. Hayward was injured in a car accident in 2003. The defendant, Young, admitted liability, and the trial was confined to an assessment of damages. Hayward claimed damages exceeding $1 million and argued that he’d sustained both soft tissue and brain injuries. Following a nine-day trial, Justice Robertson found...

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....

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...