Publications

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  • Court Rules Owner Dragged Beside Vehicle Not An Occupant

    SVR Lawyers, Alberta, November 23, 2022 – In D’Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the “Insured”) coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen. The Insured was injured when she attempted to stop...
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  • Auto Insurance: Interpretation of QEF-27 Clarified by the Court of Appeal

    Stein Monast, Quebec, November 23, 2022 – In reversing a judgment rendered by the Court of Quebec, the Court of Appeal recently ruled on the scope of QEF-27—a standard endorsement contained in Quebec auto insurance policies. In this decision, the meaning of the “financial consequences” covered by the endorsement was analyzed. The appellant, Transport Kahkashan Inc. (“TKI”), subcontracted the delivery of goods...
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  • When “Form” Doesn’t “Follow”: The Complex Dynamic of Primary and Excess “Follow Form” Insurance Policies

    Stein Monast, Quebec, November 23, 2022 – When it comes to civil liability insurance, it’s not uncommon for a primary insurance policy to cover a certain amount, and for any amounts claimed in excess of the primary insurance policy limit to be covered by what is known as an excess insurance policy, until that policy’s limit has been reached. In fact, multiple...
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  • Facing Future Care, Capacity and Earning Claims – Webinar Recording

    CBM LLP, Cox & Palmer, Kelly Santini LLP, Alberta, New Brunswick, Ontario, November 16, 2022 – Disagreements over future earnings, future capacity and future cost of case can be major stumbling blocks when trying to settle a claim. In the webinar for insurance claims handlers and adjusters, RMC lawyers from New Brunswick, Ontario and Alberta discuss the principles used to assess these claims, recent trends in awards from the courts and...
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