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  • Insurers held liable for breach of their duty of good faith and fair dealing

    McKercher LLP, Saskatchewan, April 16, 2013 – In Branco v. American Home Assurance Company, Cameco Corporation, Kumtor Operating Company and Zurich Life Insurance Company of Canada Limited 2013 SKQB 98, the Plaintiff submitted claims for disability benefits to the Defendant insurers after suffering an injury to his foot while working at a mine in Kyrgystan. Finding that the insurers had discontinued benefits...
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  • Criminal Act, Intentional Fault and Exclusion

    Stein Monast, Quebec, April 05, 2013 – Place Biermans inc. v. C. D., 2013 QCCA 64, 2010 QCCS 4170 On March 7,1999, C. D., aged 15, poured a can of gasoline on the floor of a shed that adjoined a shopping centre.  An hour later, he threw a match on it.  The resulting fire caused close to $6,000,000 in damage.  AXA Insurance...
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  • Evidence, Investigation and Coverage in the Digital Age

    Cox & Palmer, Donati Maisonneuve, McKercher LLP, April 02, 2013 – The role of digital evidence on an increasingly wide range of insurance claim disputes continues to grow.  For many insurers, the challenge of keeping up with changes in technology, trends in social media and the proliferation of data is matched by the constantly evolving legal framework that affects how insurance claims involving digital evidence can...
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  • Per Quod or Not Per Quod? That is the Question.

    SVR Lawyers, Alberta, March 18, 2013 – Hammond and Syncrude Canada Ltd. v. DeWolfe, 2012 ABQB 684 Richard Hammond was employed by Syncrude Canada when he was injured in a motor vehicle accident with the Defendant, Patricia DeWolfe. As part of his employment contact with Syncrude, Hammond was covered by a Temporary Disability Plan (TDP), which provided for short term income benefits...
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