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SVR Lawyers, Alberta, April 17, 2018 – From time to time in this industry we are faced with having to address claimants who feel they have been wronged, but whose situation does not fit within that of a recognized duty or standard of care. In these situations, a Plaintiff may try to argue that a formerly unrecognized duty of care exists in...
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SVR Lawyers, Alberta, June 15, 2017 – The Ontario Court of Appeal recently released their decision in Carter v Intact Insurance Co. This is an important case for both property owners and insurers. The case confirms the approach that Canadian courts will take when assessing disputes between Insurers and property owners in regards to building replacement insurance. Background The appellants in the...
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SVR Lawyers, Alberta, July 24, 2016 – Since 2012, all class action securities litigation claims that have been brought in Canada have been for statutory secondary market cases (SSM cases).1 Accordingly insurers and brokers ought to have a keen understanding of SSM cases when discussing directors and officers liability insurance limits with prospective insureds. Essentially, SSM claims are a statutory creature and...
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SVR Lawyers, Alberta, May 19, 2016 – When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review for such decisions include the following: the Umpire declined, exceeded, or otherwise failed to properly...