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Donati Maisonneuve, Quebec, April 25, 2023 – The concept of insurable interest forms part of the precontractual aspects of the policy, in that it is essential to the very existence of the policy. Without an insurable interest, the policy simply cannot exist. It is precisely in the field of hypothecary claims and taking-in-payment that an aspect of insurable interest stood out most...
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Stein Monast, Quebec, March 28, 2023 – In June 2014, a fire broke out at the mobile home of Christine McKnight (the “Insured”). Her insurer, Promutuel Assurance Boréale (the “Insurer”), denied her claim and refused to compensate her, stating that it believed the Insured had intentionally caused the fire herself. The trial judge partially granted the Insured’s claim against the Insurer, deeming...
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Cox & Palmer, New Brunswick, March 27, 2023 – Click below to download a PFD of the article. Prove it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must be Met in Full In the New Brunswick Court of Appeal’s seminal case of Vincent v Abu-Bakare, 2003 NBCA 42, Chief Justice Drapeau, as he then...
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SVR Lawyers, Alberta, March 27, 2023 – In Abbas v. Esurance Insurance Company of Canada, the Alberta Court of Appeal recently confirmed that the “fraudulent claims rule” is still alive and well in Alberta. The Court resolutely stated that “an insured who files a fraudulent proof of loss under that circumstance is not entitled to a single dime from the insurer.” After...
